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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...
2018.2.28 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 ...
2018.2.27 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 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 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...
2018.2.27 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 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. ...
2018.2.26 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 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 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 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 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...
2018.2.23 Motion to Compel, for Sanctions 242
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ...strues the privilege as between Forgy, as the client, and Defendant's attorney. The privilege belongs to Defendant as the client and applies to Forgy as a representative of the insurance carrier required to defend against Plaintiff's claim. The privilege is between Defendant and Forgy/Garrison rather than between Garrison and Defendant's counsel, Daniels, Fine, Israel, Schonbuch & Lebovits. Plaintiff next argues that Defendant waived attorney cli...
2018.2.23 Motion for Summary Judgment 882
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ...oses of expediency, the following abbreviations are used in this ruling: “Deft” or “Millard” refers to Defendant moving party and “Pltf” refers to Plaintiff. Deft MILLARD's motion rests entirely upon its contention that it had no actual or constructive knowledge of the alleged floor condition which caused pltf to fall. (NOTE: to the extent the motion includes arguments disputing the reason pltf fell, and whether there was actually any...
2018.2.22 Motion for Summary Judgment 917
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.2.22
Excerpt: ...Motion for summary adjudication of the 8, 9, 10 and 11th causes of action denied. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Patricia Olmedo. Procedural Issues: The court notes that Plaintiff's separate statement in opposition did not comply with CRC, rule 3.1350(f)(2). In response to UMFs Nos. 4, 46, 48, 49 and 51, Plaintiff disputed the facts, but failed to cite any evidence i...
2018.2.22 Motion to Dismiss 124
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.2.22
Excerpt: ...s. Exchange (1991) 231 Cal.App.3d 481, 487.) Despite initial noncompliance with the court order, Plaintiff has since produced verified responses and paid monetary sanctions. ...
2018.2.22 Motion for Discharge of Receiver 340
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.22
Excerpt: .... No other fees and costs are awarded. The bond is exonerated. The Receiver is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This matter was previously heard on 11/9/17, at which time the court asked Page 2 of 8 2) Receiver advised the court in seeking authorization for the sale to Ms. Cota that it is his general practice, where after review he cannot find a lender willing to fund the n...
2018.2.22 Motion to Dismiss Plaintiff 905
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.22
Excerpt: ...l Procedure section 1019.5, forthwith. On 8/7/17, this Court ordered Plaintiff to provide verified responses to form interrogatories, special interrogatories, and demand for production of documents within 30 days plus pay sanctions in the amount of $460 within thirty days. As a result of Plaintiff's failure to comply with that order, Defendant filed a Motion to Dismiss on 10/16/17, which this Court denied, but imposed monetary sanctions. The Cour...
2018.2.22 Motion to Strike 337
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.2.22
Excerpt: ...tiff/Cross‐Defendant moves the Court to strike claims for punitive damages in the second cause of action for conversion and prayer for relief. Cross‐Defendant asserts that as the case arises out of a landlord‐tenant contract that punitive damages are not available. Cross‐Defendant further asserts that the allegations are not specifically pled and are inadequate to support punitive damages under Civil Code section 3294. Cross‐Complainant...
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...

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