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2024.01.25 Motion to Quash Service of Summons on Complaint 494
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.25
Excerpt: ...ent arising out of her employment with Defendant, American Leak Detection, Inc. ("ALD"). On November 16, 2023, Plaintiff sent a copy of the summons and Complaint by first class mail to Specially Appearing Defendant, Water Intelligence, PLC ("Water Intelligence") at 199 Whitney Ave., New Haven, Connecticut, with a return receipt requested. (Decl. of Tiara Gose- Hardy ["GoseHardy Decl."l at 3.) This moton follows. Water Intelligence argues in its m...
2024.01.25 Motion for Attorney Fees 778
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ... lemon law matters. (Kirnos Decl. "29-32.) Kirnos provides the following information for timekeepers on this matter: Timekeeper Years in Practce Hourly Rate Roger Kirnos 15 years $550/hour Armando Lopez 6 years $375/hour (currently) Amy Morse 11 years $450/hour (currently Deepak Devabose 10 years $425/hour (currently) Elvira Kamosko 3 years $295/hour Jeffery Mukai 14 years $495/hour (currently) Jacob Cutler 15 years $495/hour (currently) Maite Co...
2024.01.25 Application for Writ of Possession 254
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ...out waiting for trial. (See CCP S 512.010 et seq.; Am. Mach. & Foundy co. v. Pitchess (1968) 262 cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a particular descr...
2024.01.25 Demurrer on FAC 157
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2024.01.25
Excerpt: ...se of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 114; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457 n. 9 (although the existence of a document may be judicially noticeable, the truth of statements in it are not subject to judicial notice if reasonably disputable). Deny request for judicial ...
2024.01.25 Demurrer, Motion to Strike 970
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.25
Excerpt: ...d Eric Flores, individually ("Flores") (collectively, "Plaintiffs"), filed their operative Second Amended Complaint ("SAC") against Defendants American Logistics Company, LLC; AmLogCo, LLC; and Star Patient Transport, LLC (collectively, "Defendants"), alleging (1) Elder Abuse and Neglect (Welt & Inst. Code S 15600 et seq.); (2) Negligence; (3) Negligent Hiring, Supervision, or Retention of Employee, and (4) Wrongful Death. The SAC alleges that, o...
2024.01.25 Motion to Compel Arbitration 006
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.25
Excerpt: ...ded Care), is alleged to be a licensed 24-hour skilled nursing facility (SNF) located at 8171 Magnolia Avenue in Riverside. Plaintiffs allege that Decedent was over 65 years of age with physical and mental limitations that restricted her ability to carry out normal activities. She was admitted to Extended Care on 7/21/22, which was to provide care or services to Decedent as her "care custodians" in a trust and fiduciary relationship. Decedent was...
2024.01.25 Motion for Judgment on the Pleadings 862
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.25
Excerpt: ...fendant in addition to the current Defendant, Robin Shea. On 5/5/22, the Court sustained Desiree's Demurrer without leave to amend based on the same analysis included below. Plaintiff appealed and the remittitur issued on 11/27/23 after denying Plaintiffs request to vacate the dismissal of the appeal. As such, what follows below is almost identical analysis to the demurrer based on the same arguments. A defendant's motion for judgment on the plea...
2024.01.25 Motion for Preliminary Injunction 134
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.25
Excerpt: ... injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintff would be likely to sustain if the injunction 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 ...
2024.01.25 Motion for Summary Judgment 633
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.25
Excerpt: ...stantial cause of Plaintiffs injuries. Defendants' Evidentiary Objections. The matters to which objections are made were not material to the preparation of the analysis on this motion, and therefore are overruled on such grounds. Objections not ruled upon by the trial court are presumed overruled and preserved for appellate review. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [summary judgment motionl.) l. Defendants met their initial bur...
2024.01.25 Motion for Summary Judgment, Adjudication 385
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.25
Excerpt: ...rized shopping cart in the entrance area of the warehouse. Ms. Stevens is a third party and is not employed by Costco. Ms. Stevens was looking down when she hit Plaintiff. Now, Plaintiff sues Defendants for negligence and premises liability for the negligence of a third party. The Complaint was filed on May 16, 2023 and alleges causes of action for (1) negligence and (2) premises liability. Motion for Summary Judgment/Adjudication Summary judgmen...
2024.01.25 Motion to Bifurcate on FAC 112
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ...lving interpretation of commercial lease, parties agreed to try lease interpretation issue separate from damages issue). The objectives of this bifurcation of the trial are to • Avoid wasting time and money on the unnecessary trial of damage questions if the liability issue is resolved against the plaintiff; • Promote settlement of the case if the liability issue is resolved against the defendant; and • Afford a more logical presentation of...
2024.01.24 Demurrer 493
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.24
Excerpt: ...nt's Anthony P. Cara. (Exhibit C.) The court may take judicial notice of all of the above; however, none of the documents ultimately have any relevancy to ruling on this demurrer. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (C.C.P. S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that...
2024.01.24 Demurrer on FAC 772
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.24
Excerpt: ...ee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Plaintiff filed this action on 2/7/23, and filed...
2024.01.24 Demurrer on FAC, Motion to Strike, to Compel Responses 855
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.24
Excerpt: ...t the fifth cause of action is not stated with particularity, that it fails to allege a transactional relationship giving rise to a duty to disclose. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (Code Civ. Proc., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually fo...
2024.01.24 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.24
Excerpt: ... sustains the objections to the declarations of Pablo and Dyman. The objections to the exhibits to the verified complaint are overruled. In reply, Pablo submitted evidentiary objections, which the court overrules as irrelevant since Pablo did not meet his initial burden. II. Standard "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone...
2024.01.24 Motion for Summary Adjudication 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.24
Excerpt: ...Group, Inc. ("Cornerstone") (collectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang prov-des management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversig...
2024.01.24 Motion to Bifurcate on FAC 804
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.24
Excerpt: ... is an ex parte motion to contnue trial, which is apparently stipulated by all parties. The Court orders counsel to appear to discuss. Statement of Facts/procedure This case involves an allegation that on July 15, 2020, Plaintiff Reams was working at a construction site at Defendant's facility when he fell approximately 15 feet to the ground through and "unguarded, unprotected and unmarked" opening on the second floor. Plaintiff has alleged that ...
2024.01.24 Motion to Compel Further Responses 618
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.24
Excerpt: ... that the vehicle developed certain defects during the warranty period that substantially impaired the use, value, or safety of the vehicle, but AHM failed to conform the vehicle to the terms of the express warranty after a reasonable number of repair attempts. (FAC, 11-14.) The nonconformities Plaintiff complains of include, but are not limited to: transmission defects; infotainment defects; engine defects; electrical defects, among other defect...
2024.01.24 Motion to Set Aside Default Judgment 835
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.24
Excerpt: ...atter of law for many reasons, including lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Ordinarily, there is no time limit on a collateral attack on a void judgment. "A judgment void on its face ... is subject to collateral attack at any time." (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) The law favors judgment on the merits, so any doubts regarding whether relief from a def...
2024.01.24 Motion to Set Aside Default Judgment, for Leave to Amend 703
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.24
Excerpt: ...ough its sole director, offcer and agent for service of process, Joshua Spatig, acknowledges that he received a letter dated 2/2/21 that a hearing was going to scheduled pursuant to S 98 of the Labor Code. The letter also provided that pursuant to Labor Code S 98(a) he was to notify the Labor Commissioner in writing of any change in business or personal address within 10 days. The Labor Commissioner contends that notce of the hearing along with s...
2024.01.24 Motion to Permit Filing of SAC 383
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.24
Excerpt: ...dants asserting causes of action for (1) quiet title, (2) fraud, and (3) conversion. Defendants demurred to the FAC, and on October 27, 2023, the Court sustained the demurrer with 30 days leave to amend. Plaintiff did not file a Second Amended Complaint ("SAC"). On December 5, 2023, Defendants filed a request for dismissal of the achon as to them for failure to file an amended complaint, pursuant to C.C.P. S 581(f)(2). On December 20, 2023, the C...
2024.01.23 Motion for Attorney Fees 939
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.23
Excerpt: ...mental declaration that includes billing statements to reflect the Page 3 of 4 work completed since October 17, 2021. In response to the court's order, the HOA submitted the Supplemental Declaration of Rian W. Jones ("Supp. Jones Decl."), which includes counsel's billing records as Exhibit A. As reflected in the declaration and billing records, counsel's lodestar is $124,290, which is based upon 267.20 hours at $450/hour plus an additional 9 hour...
2024.01.23 Demurrer 869
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.23
Excerpt: ... noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 952, 95...
2024.01.23 Demurrer on FAC 350
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.23
Excerpt: ...wer within 20 days. Plaintiffs have filed this post-foreclosure action against their mortgage lender alleging that Defendant Gateway wrongfully foreclosed on their property. Plaintiffs allege Defendant wrongfully foreclosed on their property located at 83065 El Greco Avenue, Coachella, CA 92263, through a trustee's sale upon Plaintiffs' default on their mortgage payments. (First Amended Complaint ["FAC"], 1, 9.) Plaintiffs allege that, beginning ...
2024.01.23 Demurrer, Motion to Strike 611
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... 10 days of this order becoming final. Proposed Second Amended Complaint must conform to this order. Moving parties to provide notce pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plaintiff Jeff Johnston, acting in pro per, alleges 27 causes of action. Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, Inc. demur to the 5th, 8th, 9th, 11th, 14th, 17th-23rd, 25th, and 27th causes of achon i...
2024.01.23 Demurrer, Motion to Strike, for Protective Order 245
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.23
Excerpt: ... and 3rd Causes of Action, the demurrer is overruled. Motion to Strike is denied. Motion for a protective order is moot. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of university of California (1990) 5...
2024.01.23 Motion to Compel Deposition, for Sanctions 240
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... certain electrical constructon services as part of improvements to the SCGC Blythe Plant 4 Compressor Station. Defendant ARB moves the court for an order requiring Johnson-Peltier's Jeremi West to appear for his deposition on a date certain in compliance with ARB'S deposition notice; and for an order imposing monetary sanctons against JP and its counsel Ali Salamirad and Jennifer Needs of SMTD Law, jointly and severally, in an amount not less th...
2024.01.23 Motion for Protective Order 353
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.23
Excerpt: ...ion for summary judgment set for 3/29/23. Defendant Kuo moves for a protective order excusing him from responding to discovery contending that he was not a driver nor owner of the vehicle. He points out Plaintiffs have refused to dismiss him and therefore, an improper party. He requests sanctons of $1,460.00. Plaintiffs oppose the motion on the grounds that discovery is broad and there is no oppression for discovery. In reply, Defendant contends ...
2024.01.23 Motion to Compel Further Responses 412
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ...ponses to SPROG nos. 56 and 57, and order Plaintiff to provide further, Code-compliant responses within 20 days. The Court imposes sanctions against Plaintiff, not counsel, in the amount of $560. Sanctions to be paid in 60 days. Motion to Compel Further Responses to RFPs The Court grants the motion to compel further responses to RFP nos. 15, 16 and 17. The Court denies the motion as to RFP no. 19. The Court denies the request for sanctions. Factu...
2024.01.23 Motion to Dismiss 721
Location: Riverside
Judge: Knight, Joshua A
Hearing Date: 2024.01.23
Excerpt: ... basis, Defendant argues in very short measure that the court does not have personal jurisdiction and that the forum selection provision does not amount to a consent to personal jurisdiction and is otherwise unenforceable. Defendant further argues that service of the complaint was improper. In opposition, Plaintiff argues that there are sufficient contacts with California and that Defendant consented to litigate any dispute in California. Plainti...
2024.01.23 Motion to Strike Answer 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ... Heaven Heights Senior Care; and Jacqueline Hawk (owner of HH Care, Heaven Heights) employed Plaintiff as a 24-hour in-home live-in caregiver to Defendant Dorcas Greene from 2014 to 10/31/22. Defendants initially paid Plaintiff $144/day until she received $200/day. She originally provided services under the entities, until Greene and Firth agreed to hire Plaintiff directly of $9,000 per month plus $4,500 for room and board. However, she never rec...
2024.01.23 Motion to Strike, Demurrer on TAC 149
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... becoming final. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, an...
2024.01.23 Motion for Summary Adjudication 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ...ger ("Phyllis") (collectively "Plaintiffs") against defendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC ("Los Angeles"). Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, h...
2024.01.22 Demurrer to FAC 381
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.01.22
Excerpt: ...dispute that Plaintiff filed for Chapter 7 bankruptcy on 11/13/15 at which time all of his property, including his pre-pettion claims against Defendants, became property of the bankruptcy estate. (Defendants' RJN, Ex. "1".) Defendants assert that Plaintiff's bankruptcy schedules admit: that the DOT was fully owned by Natonstar and secured against the property; and that Plaintiff did not have any "contingent and unliquidated claims of [any] nature...
2024.01.22 Demurrer 286
Location: Riverside
Judge: Knight, Joshua A
Hearing Date: 2024.01.22
Excerpt: ...a, California and on August 24, 2023, Defendants "failed to comply with the terms and conditions of the written inspection agreement," and he was damaged. In their demurrer, Defendants argue there was a misjoinder of parties because Juan and Alex are not parties to the contract, and therefore not proper parties to the action. Defendants also argue Plaintiff fails to sufficiently state his claim for breach of contract because he does not allege: (...
2024.01.22 Demurrer 292
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.22
Excerpt: ...arly morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to, ingress to and egress from, the distribution center, which has led to violence and threats of violence. (Complaint, '1 1.) The allegedly unlawful conducts include using human blockades consisting of 20-40 union picketers and traffic cones to blocking the only availab...
2024.01.22 Demurrer 547
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...valuatng a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...
2024.01.22 Demurrer 985
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...e 22, 2022, Plaintiff MICHAEL NOLL was seen and evaluated by Defendant RUSSELL HISSCOCK, D.O., and/or DOES 1 through 33, at Eisenhower Medical Center's Primary Care Facility at the Brimble and Johns Health Center. MICHAEL NOLL suffered from Parkinson's disease, but fortunately his condition was slowprogressing, and he enjoyed an active, healthy, and full life with his spouse, ROLAND LEWIS. For some time, MICHAEL NOLL had been taking the prescript...
2024.01.22 Demurrer on SAC 759
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.22
Excerpt: ...ly identified deficiencies in the pleading, as explained below. The Court declines to award sanctions on fts own motion, but this does not preclude Defendants from filing a separate motion under Section 128.7, after complying with all safe harbor and other requirements of that section, if appropriate. Defendants again demurrerto the first cause of action for breach of written contract, the second cause of action for breach of oral contract, and t...
2024.01.22 Demurrer, Motion to Strike FAC 358
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.22
Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...
2024.01.22 Demurrer to TAC 886
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.22
Excerpt: ...off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (TAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Company....
2024.01.22 Demurrer, Motion to Strike 124
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.01.22
Excerpt: ...ns at the time the notice was written and assumed Likun as an employee, when she was not an employee. (Cross-Compl. 9, 87—88.) Therefore, together with the other allegations, Cross-Defendants do not meet their burden in showng that the Cross-complaint fails to state sufficient facts for the RICO cause of action. Second Cause of Action: Concealment: The Cross-complaint sufficiently alleges that CrossDefendants never disclosed the status of their...
2024.01.22 Motion for Terminating Sanctions and Monetary Sanctions 126
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.22
Excerpt: ...in amount of $1,700.00 are due within 30 days of this order. This case arises from Plaintiff's allegation that, on or about July 30, 2018, he was bitten by bed bugs while staying at a hotel that Defendants owned or controlled. On July 29, 2020, Plaintiff filed a lawsuit against Defendants for battery, negligence, intentional infliction of emotional distress, fraud, and public nuisance. On May 10, 2021, Plaintiff filed a First Amended Complaint fo...
2024.01.22 Motion to Compel Arbitration 281
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.22
Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...
2024.01.22 Motion to Compel Deposition 498
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.22
Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...
2024.01.22 Motion to Set Aside Complaint 968
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.22
Excerpt: ...sts for Production ("RFPs"). Plaintiff timely opposed all three motions but failed to request oral argument after the court posted fts tentative ruling. On November 17, 2023, the court adopted its tentative ruling and granted all three motions and imposed sanctions against Plaintiff in the total amount of $4,205. Plaintiff now moves to set aside the order granting the motions to compel and imposing sanctions. Plaintiff argues that she is entitled...
2024.01.22 Petition to Compel Arbitration 875
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...ng that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/moton to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be at...
2024.01.19 Motion for Attorney Fees 867
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.19
Excerpt: ...11, 12, 13, 15, 16, 17, 18, 19, 20, 21. Overruled as to Nos. 1, 2, 3, 4, 5, 8, 9, 14. Factual and procedural background: On 3/2/22, Plaintiff filed the Complaint in this action against Defendant GM, asserting the causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song8everly Act, and (3) fraudulent inducement - concealment, relating to his 2017 Chevrolet Silv...
2024.01.19 Motion for Judgment Notwithstanding the Verdict 970
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.19
Excerpt: ...zjon are intertwined with the other plaintiffs. This case involved the following causes of action: (1) a claim for battery, (2) a claim for violation of the California Civil Code Section 52.1 [Bane Act]" and First and Fourth Amendment rights and (3) a claim for negligence brought by the Plaintiffs, Tyesha Calhoun and Taletha Calhoun, and a claim for assault instead of battery brought by Tyzjon Calhoun. These actions were brought against Defendant...
2024.01.19 Motion to Compel Arbitration 171
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.19
Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...
2024.01.19 Motion to Compel Further Deposition of PMK, for Monetary Sanctions 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.19
Excerpt: ...esponses is granted in part. Hacienda is ordered to produce a PMK for topics 2, 4 and 5. The contact information of the percipient witnesses is relevant and not protected by the right to privacy. The medical information of 3rd parties must be redacted. Hacienda is ordered to provide further responses to RFP Nos. 2, 11, 12 and 17 since it is unclear whether all responsive documents have been produced. For the protection of the privacy rights of Ha...
2024.01.19 Motion to Compel Production of Docs 518
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.19
Excerpt: ...ng this lawsuit, leading Plaintiff to dismiss her claims against him, and consequently, there is no cause of action against Perpetrator. The Complaint alleges that Plaintiff was sexually assaulted and battered by Gonzales from 1977 to 1981. Plaintiff alleges that her initial contact with Gonzales and his family stemmed from her father and Gonzales attending the sheriff academy together. (Complaint 15.) The Complaint alleges that during the period...
2024.01.19 Motion to Stay 945
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.19
Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...
2024.01.19 Motion to Disqualify Counsel 008
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.19
Excerpt: ...ng injuries. Plaintiff is also suing the store manager (DOE 1) alleging he is responsible for maintenance of the store at the time of the incident including ensuring a policy was in place, and that employees were properly trained and tasked with maintenance. Plaintiff filed his Complaint on 9/25/23 alleging two causes of action for general negligence and premises liability. *** Defendant, Costco, brings this moton to disqualify Plaintiff's counse...
2024.01.18 Motion to Tax Costs 754
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.18
Excerpt: ...t. Judgment was entered on or about September 26, 2023. Defendant filed its Memorandum of Costs on November 9, 2023 and thereafter Plaintiffs filed the instant motion to tax. Page 20 of 23 Plaintiffs assert that the expert fees requested by the defendant in Item 8 (and attachment 8b5) are allowed only with the Court's discretion and should not be allowed under the circumstances of this case; and the subpoena charges for service of process claimed...
2024.01.18 Motion to De-Designate Docs, Revoke Pro Hac Vice, for Sanctions 008
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.01.18
Excerpt: ...or before 30 days before trial, and discovery motions to be heard 15 days before trial. A contnuance or postponement of trial does not reopen discovery proceedings. (CCP 52024.020(b). ) Parties may stipulate to extend the time. (CCP 52024.050.) The initial trial date of 11/17/23 governs the discovery cut-off date. Plaintiff contends this is not a discovery motion. The court disagrees. This is a motion to de- designate under the protective order�...
2024.01.18 Motion to Compel Production of Docs 991
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.18
Excerpt: ...ion is granted, but responses are limited to documents from 2020, 2021, and 2022. All further responses are ordered to be served within 30 days of service of notice. (CCP S 2031.310). Plaintiff has made a factspecific showing of relevance as to these Demands, with the limitations noted above, and Defendant EMC has not justified its objections. The Court notes that with respect to objections based on the fact that requests are unduly burdensome, E...
2024.01.18 Motion to Compel Further Responses 103
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.18
Excerpt: ... compel further responses to special interrogatory nos. 30. The Court orders responses to be made, without objection, in 15 days. Page 7 of 9 The Court awards sanctons to Plaintiff and against Defendant, but not counsel, in the amount of $1,200, for each motion. Factual / Procedural Context: This is a personal injury achon arising out of a motor vehicle accident that occurred on January 13, 2022. Plaintiff Jonathon Lee Byrd alleges that he was a ...
2024.01.18 Motion to Compel Arbitration 787
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.18
Excerpt: ...ded at ABS, they must go through the "onboarding process," which refers to the overall process of a new employee Page 4 of 9 reviewing and completing new hire documents. (Murray Decl. '1 2.) At the time Plaintiff was hired, ABS allegedly had in place a three-page mutual arbitration agreement (the "MAA") that ABS provided to its employees during the onboarding process. (ld. at 4, Ex. A.) The first page of the MAA covers the "applicable law" govern...
2024.01.18 Motion for Summary Judgment, Adjudication 992
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.18
Excerpt: ...ew emergency room via ambulance with complaints of chest pain which came on suddenly two hours prior to arrival. After the initial evaluation by Dr. William Fleming and radiologist Dr. Tuan Nguyen, she was admitted by Dr. Anoop Maheshwari to Parkview's Telemetry unit with diagnoses of chest pain, unspecified, essential (primary) hypertension, diabetes mellitus due to underlying condition with hyperglycemia. After further monitoring, she was disch...
2024.01.18 Motion for Protective Order or to Quash Subpoenas 141
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.18
Excerpt: ...lippery substance on the floor, sustaining serious injuries. (Compl. 17, 18, 25, 25.) At all relevant times, the Vons store was owned, operated, controlled, supervised, and maintained by Defendants Vons Grocery Companies, Inc. dba Vons Grocery Company ("Vons" or "Defendant"), Albertsons Companies, Inc. and Stuart Blake (collectively, "Defendants"). (ld. at 17, 25.) On 4/20/2023, Plaintiffs Katherine Muniz and Armando E. Muniz filed a Complaint ag...
2024.01.18 Motion for Attorney Fees 046
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.18
Excerpt: ...e secton 41600 et seq. and that officers where compared to one another based on the average number of citations. Plaintiff alleges that the Department retaliated against those officers refusing to participate in and/or reported the unlawful citation and arrest quota. Plaintiff alleges he reported the illegality of the citaton quota system to his superiors and suffered numerous, negative job consequences as a result. Plaintiff filed his Complaint ...
2024.01.18 Demurrer to TAC 608
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.01.18
Excerpt: ...en Internat„ Inc. (2017) 14 Cal.App.5th 155, 170 to 180.) Plaintiffs claim that there is nothing to show that the 5/25/18 assignment of the DOT is derivative of the 7/25/04 assignment, but the Third Amended Complaint (TAC) expressly states that the 7/25/04 transfer is part of the transaction. (Complaint, Paras. 39, 44.) Next, Plaintiffs argue that the statute of repose does not apply to this action, because it applies to creditor claims, and Pl...
2024.01.18 Demurrer on FAC 901
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.18
Excerpt: ...oughing. ('1 46.) Myers' symptoms were no more than three (3) days old when he went to Defendants Eisenhower Medical Center ("EMC") on February 19, 2021. (q 47.) Myers' physicians, Defendants George Ishak, M.D. ("Dr. Ishak"), Saniya Malik, M.D. ("Dr. Mallik") and Daniel Sheffield, D.O. (Dr. Sheffield") (collectively "Physician Defendants") administered Remdesivir without disclosure of (a) the risks of planned treatment, (b) that Myers may have a ...
2024.01.17 Demurrer, Motion to Strike 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.17
Excerpt: ...aud and deceit, with 30 days leave to amend. The Court sustains the demurrer to the 2nd cause of acton for breach of the implied covenant of good faith and fair dealing, without leave to amend. The motion to strike punitive damages is denied as moot in light of the Court granting Plaintiff leave to amend the 1st cause of action. The Court grants the motion to strike paragraph 47 of the Complaint, without leave to amend. Factual / Procedural Conte...
2024.01.17 Demurrer on FAC 265
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.17
Excerpt: ...uthorized repair facility, defendant Ford of upland ("Upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, and the operative First Amended Complaint ("FAC") alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — con...
2024.01.17 Demurrer to FAC 239
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.17
Excerpt: ...lations because Plaintiff was not a "borrower" as defined by the statute, and therefore he lacks standing to bring an action for HBOR violations. Factual and procedural background: Decedent Christopher Ryan Delong ("Decedent") was the owner of a residential real property in Canyon Lakes, California ("Subject Property") per grant deed recorded on 11/8/05. On 1/20/06, Decedent obtained a loan secured by a Deed of Trust ("DOT") against the Subject P...
2024.01.17 Motion to Tax Costs 935
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.01.17
Excerpt: ... credit card. This cost is merely convenient, rather than reasonably necessary. So $1,529.70 is taxed. Expert Witness Fees - Plaintiff made three statutory S 998 offers — on October 14, 2022 in the amount of $314,477.25, July 14, 2023 in the amount of $350,000, and August 1, 2023 in the amount of $200,000. (Declaration of Jeffrey T. Robert, Exs. 5, 5, 7.) Defendant contends that the October 14, 2022 offer was not reasonable because it was prema...
2024.01.17 Motion for Attorney Fees 933
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.17
Excerpt: ...he anti-SLAPP motion ($42,565.00) and the present fee motion ($11,787.50). The lodestar, as presented in the moving papers, is broken down as follows: Attorney Hours Hourly Rate Total Courtney L. Hylton 20.6 $750$15,450.00 Anna S. Huffman 119.7$325 $38,902.50 $54,352.50 The court found that the supporting declarations filed with the moving papers lacked any significant detail and were insuffcient to support the requested fee. In addition, while t...
2024.01.17 Motion for Reconsideration of Summary Judgment 673
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.17
Excerpt: ...s 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. Defendants brought a motion for summary judgment arguing Plaintiff's claims were barred by the applicable statute oflimitations. Opposition to the motion was due on 10/24/23. On 11/1/23, Plaintiff filed an ex parte request to continue the hearing so she could conduct further discovery. The ex parte request was denied. Plaint...
2024.01.17 Motion for Summary Judgment 173
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.17
Excerpt: ...s, and then Defendant Patricia Prieto (a supervisor) harassing a subordinate; management failed to act and Prieto turned the staff against her. Plaintiff reported Prieto to the EEO. In November 2016, Plaintiff suffered an injury on the job, to which management would not file an incident report to see a doctor. In December 2016, Plaintiff was able to see a doctor who diagnosed her with a hernia and required gastric bypass surgery. When Plaintiff r...
2024.01.17 Motion for Summary Judgment, Adjudication 750
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.17
Excerpt: ...already purchased. The employees again asked Serrano to leave the store. Armed Security Guard Frank Perla was called back to the store and he repeatedly requested that Serrano leave the store. Serrano refused multiple times and Perla used pepper spray on Serrano. This was ineffective so Perla then utilized a TASER-style electronic control device on Serrano. A Stater Bros. employee was on the phone with the non-emergency law enforcement line and w...
2024.01.16 Demurrer 746
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.16
Excerpt: ...lleged injury that served as the basis for her claims in Henry v. Henry, RIC1906267. (See, RFJN, Exs. 1, 5.) Additionally, Defendant was also a defendant in that action. However, while the Court entered judgment against Plaintiff in RIC1906267, that judgment is currently on appeal. Under California law, a judgment is not final for purposes of res judicata during the pendency of and until the resolution of the appeal. (The Inland Oversight Comm. v...
2024.01.16 Demurrer, Motion to Strike 115
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.16
Excerpt: ... challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of achon stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is ...
2024.01.16 Demurrer, Motion to Strike 541
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.16
Excerpt: ...thout leave to amend. The Motion to Strike is therefore moot. Factual / Procedural Context: This case arises out of Manuela Martins-Green's ("Plaintiff") employment as an assistant professor by the Regents of the University of California ("Regents") at university of California, Riverside. In the fall of 2016, Plaintiff learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being impro...
2024.01.16 Motion for Leave to Amend Complaint 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.16
Excerpt: ...nner"), Angel Martin Anaya Martinez ("Martinez"), and Does 1 to 50, alleging (1) motor vehicle and (2) general negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment with Jonner, when he crossed over the double solid yellow lines and entered the westbound lane colliding with Plaintiff's vehicle, thereby causing him injuries. After the o...
2024.01.16 Motion for Attorney Fees 777
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.16
Excerpt: ...ns to rent their property as an STR without a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction, as stated in the HOA's governing documents. (AR 1498- 1592.) Petitioners' property is also located within the Eldorado Barranca Property...
2024.01.16 Motion to Compel Arbitration 484
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.16
Excerpt: ...laint, '1 6; Declaration of Vanessa Dao ("Dao Decl."), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11-15.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(8); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of ...
2024.01.16 Motion for Sanctions 664
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.16
Excerpt: ... or cause delay and increase costs of litigation; 2) the claims are warranted under existing law or a nonfrivolous argument for the extension of existing law; and 3) the allegations have evidentiary support. (Cal. Code Civ. Pro. S 128.7(b).) "Under both Code of Civil Procedure section 128.7 and [Federal Rule of Civ. Proc.1 11, there are basically three types of submitted papers that warrant sanctions: factually frivolous (not well grounded in fac...
2024.01.16 Motion to Compel Further Responses, for Monetary Sanctions 604
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.16
Excerpt: ...ry conference and whether hearing should be set for the appointment of a discovery referee. On the Court's own motion, there are to be no further discovery motions filed without approval of the Court. Granted as to No. 17.1 as it relates to Request for Admissions Nos. 126 and 127 only. The motion is otherwise denied including the request for monetary sanctions. Factual and procedural background: The First Amended Complaint (FAC) filed on 9/22/22 ...
2024.01.16 Motion to Consolidate on Complaint 970
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.16
Excerpt: ...e Circle, Riverside, California (the "Property"). On November 7, 2023, Plaintiffs, Michele Trujillo and Robert Trujillo ("Plaintiffs") filed a Complaint against Defendants, ANKR, LLC, Alexander Alvarez, James Lopez Vega, and B&J Real Estate Investments (together "Defendants") asserting the following causes of acton: (1) fraud; (2) quiet title; (3) cancellation of home equity sales contract; (4) violation of mortgage consulting contract; (5) cance...
2024.01.16 Motion to Quash and Stay Deposition Subpoena of Business Records 974
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.16
Excerpt: ...d without the need for Court interventon. The Court notes that in her reply, Plaintiff claims that the only injuries at issue are to her "shoulder, back, head neck [sic.], ankle and leg (these body parts are listed in Plaintiff's discovery responses)." (Reply 2:24-25.) Notably, the motion does not specify the body parts at issue. But in her discovery Page 3 of 3 responses, Plaintiff identified her injuries in response to Form Interrogatory number...
2024.01.16 Motion for Summary Judgment 820
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.16
Excerpt: ...nal Negligence against multiple healthcare provider defendants, including moving Defendant Parkview Community Hospital ("Defendant Hospital"), regarding treatment rendered to patient Reyna Contreras in the time frame of May 2021. (Separate Statement Fact ("SS") #1) Plaintiff, who is an adult daughter and successor of the patent, contends that negligent treatment relating to a 5/12/21 hysterectomy Page 6 of 15 performed by 0b/Gyn defendant, Hesham...
2024.01.12 Motion for Sanctions 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.12
Excerpt: ... Deposition of the PMK occurred on December 18, 2023. The deposition only lasted a few hours. Ms. Rabaien, the attorney for Plaintiff could have kept going, but chose to conclude the deposition after a few hours. Nothing prohibited Plaintiff from taking more tme to ask whatever questions she felt were necessary. (Pappas Decl., 93.) Here, Plaintiffs were willing to schedule the deposition in August or September. It sounds like although GM could no...
2024.01.12 Motion for Judgment Notwithstanding the Verdict 510
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.12
Excerpt: ...Beaumont, Inc. ("Humble Fitness") and Defendants Bedazzling Beaumont, LLC and Reid Bradley. ("Bedazzling"). Plaintiff claimed that Defendants intentionally failed to disclose that Mr. Bradley was aware of a Planet Fitness gym moving in as a tenant directly across the street from the Anytime Fitness location prior to the sale. The Plaintiff claimed the Defendant's fraudulent acts were a substantial factor in causing his business to fail. Trial in ...
2024.01.12 Demurrer on FAC 487
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.12
Excerpt: ...apers. Specifically, if the Court were to allow a further amendment, the Court would also sustain the demurrer with respect to the Sham Pleading Doctrine and Statute of Frauds grounds, with 30 days leave to amend. All other grounds are overruled. Factual / Procedural Context In December 17, 2004, Plaintiff Hilda Ramirez ("Plaintiff") and Defendant Edgwin Rogel ("Defendant"), were married and took title to 11107 Violet Court in Riverside ("propert...
2024.01.12 Motion to Continue Trial Date 505
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.01.12
Excerpt: ...the parties, must make the request for a continuance by a noticed motion or an ex parte application with supporting declarations (CRC 3.1332(b)). Continuances of trials are disfawred. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance (CRC 3.1332(c)). A stipulation that good cause exists does not constitute good cause. Good cause may exist for a continuance of trial on the grounds of the failu...
2024.01.12 Motion to Set Aside Complaint 338
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.01.12
Excerpt: ...Vision, LLC. , the Court denied the moton without prejudice to allow the business entity to retain counsel. On December 15, 2022, the Court dismissed the entre acton for Plaintiffs failure to submit the default judgment. Plaintiff filed a motion to set aside the dismissal on June 13, 2023, which was heard and granted on August 18, 2023. Default Judgment was entered on October 18, 2023. Moving Defendant HARRELL now brings this motion to set aside ...
2024.01.12 OSC Re Preliminary Injunction 677
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2024.01.12
Excerpt: ... position on the Del Web at Rancho Mirage Community Association for a full two-year term and (2) prohibiting the HOA Board from removing board members without complying Corporations Code sections 7221 and 7222. The injunction is granted as to request 1, and the Court orders Andrew be restored to her position on the Board, but only for the remainder of her existing term and not for an additional two-year term. The injunction is denied as to reques...
2024.01.12 Petition for Writ of Mandate 571
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.12
Excerpt: ... the Agenda Packet for the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 4— Minutes of the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 5 — Excerpts from the Agenda Packet for the 7/7/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 6 — Excerpts from the Agenda Packet for the 11/16/2015, the RUSD School Board Study Session • Exhibit 7 Excerpts from the Agenda Packet for the ...
2024.01.11 Motion to Compel Further Responses 743
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.11
Excerpt: ...ors, LLC ("Defendant" or "GM") alleging 1) breach of express warranty; 2) breach of implied warranty; 3) violation of Civil Code S 1793.2 and 4) fraudulent concealment. On 10/24/22, Plaintiff served written discovery, including requests for production, set one ("RFPs"). GM timely responded, but Plaintiff contends the responses remain deficient despite meet and confer efforts. Plaintiff now moves to compel further responses to all RFP, i.e., nos. ...
2024.01.11 Motion to Compel Further Responses 227
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.11
Excerpt: ...ferencing and then provide a joint outline of the items that remain in dispute. (Cal. R. Ct. 3.1345(b)(2).) Legal authorities and analysis: A party may file a motion compelling further answers to requests for production if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (CCP 52031.310.) Unless notice of the motion is given within 45 days of the service of the respo...
2024.01.11 Motion to Compel Deposition of PMQ and Custodian of Records 652
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...ty may depose an entity's person most knowledgeable on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (CCP S 2025.230.) The deponent must "designate and produce at the deposition those of its offcers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or re...
2024.01.11 Motion for Summary Judgment, Adjudication 231
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...q).) Defendant submits objections to portions of Greer and Dr. Bresler's declarations. As to the Greer declaration, the Court sustains objection nos. 1-2 as hearsay and nos. 3-5 for lack of foundation and improper expert opinion. As to the declaration of Dr. Bresler, the Court sustains objection no. 1 as hearsay and no. 2 as hearsay, lack of foundation and improper expert opinion. Summary judgment is granted when a moving party establishes the ri...
2024.01.11 Motion for Summary Adjudication 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.11
Excerpt: ...s Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF- 55, which was attached to a 2011 Freightliner vehicle owned b...
2024.01.11 Demurrer to SAC, Motion to Strike 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...oss-defendant Dudek's Demurrer as to the first cause of action for breach of contract on the ground the pleading is uncertain is sustained with leave to amend within 20 days. Motion to Strike is moot. A demurrer also lies where the pleading does not state facts suffcient to constitute a cause of achon. (Code Civ. Proc., S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and al...
2024.01.11 Demurrer to Amended Complaint 771
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.11
Excerpt: ...ins, without leave to amend, the City's demurrer as to the Fifth Cause of action, Violations of Civil Rights against the City. Defendant City is ordered to file its answer within 20 days. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his w...
2024.01.11 Demurrer on TAC 102
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.11
Excerpt: ...er Tuggle") (collectively, "Defendants"), alleging a single cause of action for motor vehicle negligence. In the SAC, Plaintiff alleged that Officer Tuggle failed to exercise ordinary care prior to merging his patrol vehicle into the right-hand shoulder of the Alessandro Boulevard offramp, and caused his vehicle to come into the path of Plaintiff riding his motorcycle on the shoulder. (SAC MV-12.) As a result, Plaintiff allegedly crashed his moto...
2024.01.11 Demurrer on SAC 638
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.01.11
Excerpt: ...ail on an alter ego theory in California, a party must establish the following: 1) such "a unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist"; and 2) "that, if the acts are treated as those of the corporation alone, an inequitable result will follow." (Mesler v. Bragg Mgmnt. Co. (1985) 39 Cal.3d 290.) The SAC alleges that "all defendants were acting at all relevant times as the a...
2024.01.11 Demurrer 996
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.11
Excerpt: ...Ford Motor Company ("FMC") and Lake Elsinore Ford ("Lake Elsinore") (collectively, "Defendants") alleging (1) Violation of Civ. Code S 1793.2(d) (against FMC); (2) Violation of Civ. Code S 1793.2(b) (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement — Concealment (against FMC); and (6) Negligent Repair (against Lake Elsinore). On ...

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