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8739 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 8575,25
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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 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 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 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 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...
2018.3.16 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 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 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...
2018.3.15 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 ¶...
2018.3.15 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...
2018.3.14 Motion to Compel Further Responses 951
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.14
Excerpt: ...The pleadings do not make clear what an “endorsement sheet” is. Without defining this term, this court could mistakenly order either more or less than requested. There is no way to know for certain. RFP 2 (“24 hour report”): DENIED. The court cannot order that which is not clearly and unambiguously defined. The pleadings do not make clear what a “24 hour report” is. Without defining this term, this court could mistakenly order either ...
2018.3.14 Motion to Compel Further Responses 179
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.14
Excerpt: ... actually provided an answer in whole or part, the answer was preceded by the phrase, “to the extent it can be answered,” which renders the response ambiguous, if not entirely meaningless. Responses must consist of answers or objections. (CCP § 2030.210(a).) A response stating an inability to respond is insufficient and legally invalid. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 406.) F...
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...
2018.3.14 Motion to Compel Responses 179
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.14
Excerpt: ...gatory 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,” which renders the response ambiguous, if not entirely meaningless. Plaintiff's responses must consist of answers or objections. (CCP § 2030.210(a).) A response stating an inability to respond is insufficient and legally invalid. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultant...
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...
2018.3.13 Motion to Terminate Sanctions 662
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.3.13
Excerpt: ...ting sanctions nor issue/evidentiary sanctions under CCP § 2023.030(b)‐(c) are warranted. While there is no question that Defendants have been remiss in timely complying with the court's discovery orders, Defendants have taken steps toward full compliance by agreeing to a third‐ party vendor to extract the ESI, although the actual data extraction must still take place. Moreover, while Plaintiff may have been inconvenienced by Defendants' tar...
2018.3.13 Motion to Strike 192
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.13
Excerpt: ...ile a “Fourth Amended Complaint Following Motion to Strike,” that deletes the stricken provisions without changing any paragraph numbering or adding or deleting anything else. The defendants shall prepare a formal order consistent with this ruling. Analysis: All Class Action Allegations The Court is not persuaded that all of the class claims are insufficient as a matter of law to qualify for prosecution on behalf of a class. For instance, the...
2018.3.13 Motion to Set Aside Default 091
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.3.13
Excerpt: .... §473(b) is not available. If this motion also sought to set aside default as to Fua and SAI, it is untimely too. This motion was filed approximately 10 months, nearly 300 days, after default was entered against Fua and SAI. ...
2018.3.13 Motion to Quash Service of Summons 895
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.3.13
Excerpt: ...the end of defendant AMG Property Investment (causing it to be named as AMG Property Investments). Simply put, the service upon defendant AMG Property Investment was in substantial compliance with CCP §412.30. It gave actual notice to defendant AMG Property Investment that it was being sued and needed to defend the action. (Doctrine of “idem sonans”.) ...
2018.3.13 Motion to Compel Further Responses 933
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.13
Excerpt: ... Motions to Strike as to the Fourth Amended Complaint: The standing issue is not moot because Eric Guinan has also been named as a plaintiff. Naming Guinan as the executor of Playan's Estate and Personal Representative alternatively as the proper party to pursue these claims is not sufficient to establish his standing to do so precisely because Cervantes argues that she, as successor trustee, is the proper party. It cannot be both. These claims b...
2018.3.13 Motion to Compel Further Responses 835
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.13
Excerpt: ...t to Code of Civil Procedure section 1019.5, forthwith. At issue are production of records of transactions from a specific Well Fargo account over the past three years. Ramy claims that all responsive docs have been identified. However, it appears (1) that records from June 2015 through April 2017 were not produced and (2) that the persons to whom payments were made have not been identified. Kohan is not entitled to sanctions. (See Argaman v. Rat...
2018.3.13 Motion to Compel Arbitration 214
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.3.13
Excerpt: ...plaintiffs do not dispute the existence or enforceability of the arbitration provision. Instead, they ask the Court to exercise its discretion to “refuse to enforce the arbitration agreement” when “a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party,” that other action arises out of the same transaction or series of related transactions as does the arbitration, and th...
2018.3.13 Motion for Terminating Sanctions, Request for Monetary Sanctions 827
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.13
Excerpt: ...overy and to appear at her deposition despite court orders compelling her to respond and to attend her deposition. Plaintiff has also been sanctioned. (See, e.g., 09/14/2017 minute order.) Plaintiff has not complied with the Court's orders or paid the sanctions imposed. The Court may make Page 6 of 10 any of the following orders against the party disobeying the discovery order: striking that party's pleadings or parts thereof; staying further...
2018.3.13 Motion for Summary Judgment, Adjudication 835
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.3.13
Excerpt: ... to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This cross action arises out of a failed business partnership. Plaintiff/Cross‐Defendant (“P/XD”) Nejat Kohan alleges he entered into a joint venture agreement with defendants Page 3 of 10 in 2002 for the restoration of the Spanish Inn hotel in Palm Springs. Kohan paid $225,000 in cash to enter into a Joint Venture Agreement (JVA) with Defendant/CrossComplainant ...

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