Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

8739 Results

Location: Riverside x 
Array
(
)
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 8650,25
Array
(
)
2018.2.28 Demurrer 138
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.2.28
Excerpt: ...e complaint or cross 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 or cross‐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 or cross‐plaintiff shall provide legal support ...
2018.2.28 Motion to Extend Discovery 604
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.2.28
Excerpt: ...ntended to properly notice the IME for February 2018, well in advance of the discovery cut‐off date. However, in January 2018, Plaintiff served supplemental interrogatory responses that indicated she had moved to Texas. DRMC determined that the costs to either fly their expert to Texas or to retain a Texas‐based physician to do the exam and thereafter travel to California for trial were both cost prohibitive and burdensome on DRMC. As a resul...
2018.2.27 Petition to Compel Arbitration 591
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.2.27
Excerpt: ... plaintiffs and the defendant, the petition would have to be denied. (Iskanian v. CLS, 59 Cal.4th 348, 384‐390.) ...
2018.2.27 Motion to Set Aside Judgment 907
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.2.27
Excerpt: ...he moving parties. However, the Court finds that the Order for Judgment filed on December 18, 2013, and the Corrected Order for Judgment filed on January 9, 2014, should be clarified. The Court finds that pursuant to Code of Civil Procedure section 762.050 and as the real parties in interest, the moving parties and opposing party is properly before this court and the court has considered the moving papers, the opposition, and the reply. After exa...
2018.2.27 Motion for Preliminary Approval of Class Action 531
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.2.27
Excerpt: ...rry declaration); 1,714 (Bello declaration at ¶ 4 (422 + 1,292); and 1,764 (Bello's declaration at ¶ ¶ 21 & 27). This inconsistency must be resolved. 2. The Bello declaration refers to a sample of the time records of the class members, but does not describe the size of the sample, i.e., the number or percentage of employees whose records were included in the sample. (¶ 22.) 3. The Bello declaration (at ¶ 25) justifies the claim requirement f...
2018.2.27 Request for Attorney's Fees 965
Location: Riverside
Judge: Vineyard, John W
Hearing Date: 2018.2.27
Excerpt: ...l's Remittitur states that Plaintiff is entitled to recover costs on appeal. That is incorrect. The Remittitur states “The parties shall bear their own costs on appeal.” That is also in the Opinion's Disposition at p. 10 (“The parties shall bear their own costs on appeal”). Although Plaintiff does not expressly seek recovery of anything but attorney's fees, the motion includes (Exhibit 2) documentation regarding $485.26 in “disbursement...
2018.2.27 Motion to Set Aside Default 330
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.2.27
Excerpt: ...onally serve Defendant. (CCP § 415.20.) Prevailing party to give notice. ...
2018.2.27 Motion to Vacate Judgment 401
Location: Riverside
Judge: Vineyard, John W
Hearing Date: 2018.2.27
Excerpt: ...case, and this motion, the Court tentatively finds that Moving Party Carol Pulliam is a vexatious litigant pursuant to CCP 391(b)(3) and sets the following Order to Show Cause: Carol Pulliam is Ordered to Appear and Show Cause as to why she should not be declared a vexatious litigant pursuant to CCP 391(b)(3) and why the Court should not require her to obtaining a prefiling order, per CCP 391.7(a), before she may be allowed to file any further li...
2018.2.27 Motion to Strike, Tax Costs 011
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.2.27
Excerpt: ...pear at the Jury Trial. Plaintiffs do not contest that, but argue that certain items are excessive and/or not allowed. Each challenged item is addressed in turn as follows: ITEMS 4 (i) through (q) – DEPOSITION COSTS: Plaintiffs argue that $1,171.69 in deposition costs sought under Items 4 (i) through (q) should be taxed because they were not reasonably necessary to the litigation, or because it is unclear what the costs were for. Opposing defen...
2018.2.26 Demurrer 480
Location: Riverside
Judge: Gregory, David
Hearing Date: 2018.2.26
Excerpt: ...tepped into Cross‐Defendant's shoes and alleged that Cross Complainants were the cause of the accident and the damage to Cross‐Defendant's vehicle. Since State Farm has substituted in for Cross‐Defendant as the party plaintiff, Cross‐Complainants may assert any affirmative defense they might have had against Cross‐Defendant Magana including the defense of comparative negligence and apportionment of fault. Cross Complainants are also see...
2018.2.26 Motion for Joint Stipulation 928
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.2.26
Excerpt: ... provides for payment to the named plaintiff of a “service award. The Court will require citation of authority for such an award in a PAGA case. The motion shall explain why such an award is fair under the circumstances of this case. The motion shall be supported by a declaration from the named plaintiff in which the declarant: a. Describes the services performed by the declarant to further the prosecution of the action; b. Estimates the time i...
2018.2.26 Motion for Reconsideration 581
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.2.26
Excerpt: ...mely made. /// Even if the motion was timely made, it is still improper. A motion for reconsideration must be based on new or different facts or circumstances of law. C.C.P. §1008(a). When a party seeks reconsideration he or she must show a “satisfactory explanation for failing to provide the evidence earlier, which can only be describes as a strict requirement of diligence.” Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690. Facts know by th...
2018.2.23 Motion to Quash 834
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ... to quash must be filed at the same time as a motion to set aside default to avoid the argument that by making a motion to set aside default, the improper service has been waived. (Civ. Proc., § 418.10(d). Service was improper because under Code of Civil Procedure section 416.10(a)(b) service on a corporation must be on either the designated agent for service or a specified corporate officers, a general manager, or a person authorized by the cor...
2018.2.23 Motion to Tax Costs 603
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ....52. Unlike the costs memorandum, a motion to tax costs based on factual matters must be supported by declarations. (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113‐1114.) For instance, where “reasonableness” is challenged, conclusory allegations t Page 3 of 9 Shalikar) because they were not parties to the litigation nor involved in the promissory notes at issue. However, Plaintiffs assert these deponents were trial witnesses who te...
2018.2.23 Peremptory Writ of Mandate 381
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.2.23
Excerpt: ...d.” Penal Code § 11165.12(b). Child abuse and neglect is defined to include “physical injury or death inflicted by other than accidental means upon a child by another person,” which includes “the willful harming or injuring of a child or the endangering of the person or health of a child.” Penal Code § 11165.6. The willful harming of a child “means a situation in which any person willfully causes or permits any child to suffer, or i...
2018.2.23 Motion to Issue Writ of Attachment 661
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.23
Excerpt: ...e of the continued hearing was provided by the Court Clerk to Plaintiff, but not as to Kreizenbeck & Seim Partnership as it had not entered an appearance. A proof of service (“POS”) was filed January 9, 2018, reflecting personal service on January 4, 2018. The POS does not indicate that notice of the continued hearing was served. On January 18, 2018, Plaintiff filed a proof of service reflecting it had mailed a copy of the minute order contin...
2018.2.6 Motion to Compel Resolution 580
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.2.6
Excerpt: ...been recorded in the official records of each county in which the common interest development is located.” Civ. Code, § 6531. It appears that EAA is a commercial common interest development as defined under § 6531. As such, the provisions of the Davis‐Sterling Act applicable to common interest developments, including the ADR provisions, may not apply to EAA. See Civ. Code § 4202 (provisions of part 5, Common Interest Developments, do not a...
2018.2.6 Demurrer 834
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...s never had a contract with Defendants and agrees that the sixth cause of action for breach of contract should be dismissed as against the demurring Defendants. As to the Seventh Cause of Action for foreclosure of mechanic's lien: Under CCP § 392(a)(2), the proper court for an action to foreclose a mechanic's lien is the superior court in the county in which the real property that is the subject of the action is situated. However, the requiremen...
2018.2.6 Motion for Discharge of Receiver 619
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.6
Excerpt: ... forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing cou...
2018.2.6 Motion for Leave to File Complaint 434
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.2.6
Excerpt: ...f's counsel did here. Further, the “redline” version submitted suffices for purposes of Rule 3.1324. ...
2018.2.6 Motion for Preliminary Injunction 553
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.6
Excerpt: ...12/6/17 the County sought and received an entry of default as to Mr. Aiken. Thereafter, on 12/22/17 County filed its motion for preliminary injunction and mailed notice to Mr. Aiken although Mr. Aiken has not entered an appearance in this case. The motion date on the noticed motion was 1/23/18. On 12/26/17 the court on its own motion continued the motion for preliminary injunction to 2/6/18, but only County was provided notice. Accordingly, the C...
2018.2.6 Motion for Reconsideration 044
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...by Anthony Chavez of Best, Best & Krieger. The Proof of Service on the Notice of Entry of Order states a mailing date of December 19, 2017. The motion for reconsideration was filed on January 11, 2018. C.C.P. §1008(a) provides that a party affected by a court's prior order may request that the court “reconsider the matter and modify, amend or revoke the prior order.” A motion for reconsideration is to be made within ten (10) days after servi...
2018.2.6 Motion for Summary Judgment or Adjudication 900
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...gs. (Weil & Brown, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group, 2017) §10:52, p. 10‐25.) The rules applicable to demurrers and motions for judgement on the pleadings apply. (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal. 4th 1110, 1118). Where the motion for summary judgment functions as a judgment on the pleadings to challenge the sufficiency of the allegations and the facts indicate that plaintiff may have a goo...
2018.2.6 Motion to Compel Further Responses 951
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.2.6
Excerpt: .... (Cal. Code Civ. Pro. § 2031.310(b)(2)). Plaintiff's counsel's meet and confer efforts were minimal and Defendant's counsel appears to be willing to attempt to resolve the discovery dispute informally. Several of the responses indicate that Defendant may be willing to provide further responses once some of the issues have been resolved. ...
2018.2.6 Motions to Compel Production of Docs, Monetary Sanctions 448
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.6
Excerpt: ...ntiff Jasmine Labuen's Complaint alleges that on October 28, 2014, Defendant David Sonneborn struck her with his car while she was a pedestrian, while at the time he was making deliveries for one of his Round Table pizza restaurants or otherwise acting in the course and scope of his ownership or membership of D & N Pizza. Plaintiff Labuen served Requests for Production of Documents, Set One on Defendant David Sonneborn. Plaintiff moves the court ...

8739 Results

Per page

Pages