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2023.12.14 Demurrer 910
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.14
Excerpt: ...Plaintiffs allege that they were under the direct custody, care and control of the County and its agents; Plaintiffs' detention was court-ordered and mandatory; and the duration and nature of their commitment were dependent upon compliance with the County's agent's demands. (ld. at '13.) They allege that the County's agents used their position of trust and authority to sexually abuse them. (ld. at '14.) According to Plaintiffs, the County establi...
2023.12.13 Motion for Preliminary Injunction 862
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.13
Excerpt: ... is sustained as to Objections Nos. 1, 3, 4, 5; and overruled as to No. 2. Defendants' request for judicial notice in support of opposition is denied as to Nos. 1-2 and granted as to Nos. 3-19. Factual / Procedural Context: Plaintiff is an owner of a property in a subdivision who challenges the adjacent property owners' claim of an access easement through a portion of Plaintiff's lot in order to access the adjacent property which does not have it...
2023.12.13 Motion to Strike, Demurrer 156
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.13
Excerpt: ... fraud, or malice in the commission of the abuse described here" found in paragraph 60, page 13. (1st cause of action.) 2. The words, "and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff's rights, so as to justify an award of exemplary and punitive damages" found in paragraph 83, page 17. (2nd cause of action.) 3. The words, "[t]he profits received by Defendants from a vulnerable ...
2023.12.13 Demurrer 543
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.13
Excerpt: ..., Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "Proscribed Drugs") to Decedent...
2023.12.13 Demurrer to FAC 560
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.13
Excerpt: ...knowledge and hearsay. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...
2023.12.13 Demurrer, Motion to Strike 370
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.13
Excerpt: ...of action for concealment, with 30 days leave to amend. The Court overrules the remaining portions of the demurer. On the motion to strike, the Court grants the moton to strike the provision requesting attorney fees, with 30 days leave to amend. The Court denies the motion to strike punitive damages. Factual / Procedural Context Plaintiff Operation Safehouse, Inc. ("OSH") has sued its former auditors, Lund & Guttry, LLP, Shannon Maidment, and Gar...
2023.12.13 Demurrer, Motions to Strike 467
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.13
Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...
2023.12.13 Demurrer to SAC 033
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.13
Excerpt: ..."), and Defendant Fleet Financial Resources (hereinafter referred to as "Fleet") in or about February 2017. Marlin Leasing Corporation ("Marlin") is also a named defendant. In or about February 2017, Plaintiff leased a customized 2015 Mercedes Sprinter hereinafter referred to as "Vehicle") from A-Z. Fleet provided financing services for the lease. The events that occurred regarding the lease was generally described in 11 through 16 of the FAC. At...
2023.12.13 Motion for Protective Order 365
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.13
Excerpt: ... the Subject Property since 2013 free and clear of all liens. In 2016, non-party ODES Industries ("ODES") — now defunct - obtained a small business loan from defendant Citizens Business Bank ("Citizens Bank") in the amount of $2,100,000. Defendant Michael Smith, the President of ODES ("Smith") and his wife Allison Campbell-Smith ("Campbellsmith") personally guaranteed the loan. Plaintiffs allege that, when the loan was modified in 2018, the Smi...
2023.12.13 Motion for Summary Adjudication 620
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.13
Excerpt: ...Plaintiffs filed their complaint for: (1) violation of Civil Code 5896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On 4/7/21, the Toscana Defendants filed a cross-complaint for indemnity, breach of warranties, breach of contract, negligence, contribution and declaratory relief against the sub contractors. The subcontractors then filed their own cross-complaints for indemnity and contribution. Pursuant to a stipulation fil...
2023.12.13 Motion for Summary Judgment 413
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.12.13
Excerpt: ...le, and did not cause any harm to Plaintiff. (Young Decl. "1 2-15.) Dr. Young also submits the declaration of Dr. Sigmund, who is a neuroradiologist. He declares he reviewed Plaintiff's MRI's from before the alleged incident, and after, and concludes to a reasonable degree of medical probability that Plaintiff did not suffer any injury to his spine due tothe incident. (Sigmund Decl„ 14-15.) These expert opinions are supported by Plaintiff's med...
2023.12.13 Motion to Compel Deposition 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.13
Excerpt: ...t to the subject matter of this action, and the witnesses Plaintiffs seek to depose are the owners and employees of Defendant South California Road to Recovery who have knowledge of facts and documents that are relevant and essential in this action. Defense counsel has twice canceled the entre slate of depositions without justification in a transparent effort to stonewall discovery and has done so at the last moment, thereby intentionally running...
2023.12.13 Motion to Compel Further Responses 489
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.13
Excerpt: ...ona, Inc. ("Vista Cove") entered into a commercial lease ("Lease") for the Subject Property. The leased premises are a skilled nursing care facility (SNF) and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agre...
2023.12.13 Motion to Compel Responses 368
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.13
Excerpt: ...tal responses to requests for production of documents nos. 7, 8, 43-48, 53-56, and 59. If supplemental responses have been provided by the date of the hearing the motion is moot as to these requests. If not, the Court grants the moton as to these requests. The remaining requests for production of documents addressed in the joint statement are requests nos. 14-29, 49, and 65. Plaintiff's notice, memorandum of points and authorities, and separate s...
2023.12.12 Motion for Stay of Proceedingsd 640
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.12
Excerpt: ... the Fosters approached Sajan with an opportunity to invest in real estate through the Fosters' business 2nd Chance Investment Group, LLC ("2nd Chance"). He invested $20,000 towards the purchase of property in Long Beach and was promised repayment plus a 20% fixed interest return on his investment within 6 to 8 months. When the Fosters/2nd Chance repaid the loan, they convinced Sajan to contact others to invest with 2nd Chance and the Fosters pro...
2023.12.12 Demurrer 256
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.12
Excerpt: ...ny court in this state. (Evidence Code S 452(d).) Accordingly, Defendant's unopposed request for judicial notice is granted. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP 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...
2023.12.12 Demurrer 934
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.12.12
Excerpt: ...on for violation of the UCL. A plaintiff alleging a violation of the UCL must show and prove an "injury in fact" by way of lost money or property which was "caused by" the unfair competition. (Jenkins v. JPMorgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 521, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919.) Moore argues that she has sufficiently alleged an "economic injury." (Cross-complaint, '1 84....
2023.12.12 Demurrer to FAC 808
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.12
Excerpt: ...nd Pledge Agreement are collectively referred to as "Contracts"). Though the Note provides that payment terms are quarterly installments of $100,000 beginning March 1, 2019, none of the agreements provide on what day of the month the quarterly payments were due. Accordingly, without any language suggesting otherwise, Ciaburri was entitled to make payment until the last day of every quarter. In April 2019, Ciaburri began making timely quarterly pa...
2023.12.12 Demurrer to FAC 885
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.12.12
Excerpt: ...vded the paperwork, i.e., Conditions Addendum and gift affdavits, needed for originating the mortgage loan for the purchase of the property. Defendant Parks never met or spoke with Plaintiff and did not partake in procuring Plaintiffs signatures on the gift affidavits to defraud or to exert an undue influence. Nor is it shown that Parks prepared the affidavits with an intent to aid James and Bunas in unduly influencing Plaintiff to sign the affid...
2023.12.12 Demurrer to SAC 012
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.12
Excerpt: ...d by various staff members/officers at various times between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, Riverside Juvenile Hall ("RJH"). (Second Amended Complaint ("SAC"), 2-4, 65-80.) Plaintiff DW alleges he was sexually assaulted by a female staff member/offcer while he was detained at RJH between 2005 and 2006. (SAC, 65- 69.) Plaintiff KJ alleges he was sexually assaulted, moleste...
2023.12.12 Demurrer to SAC 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.12
Excerpt: ...mber 2019 until her death on September 5, 2020. Decedent abused alcohol and amphetamines, while also suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to...
2023.12.12 Demurrer, Motion for Sanctions 139
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ... final. Defendant to provide notice pursuant to CCP 1019.5. On August 28, 2023, Plaintiff Codie Lea Koenke ("Plaintiff") filed a Verified Complaint against Defendants Mohammed Zakhireh, M.D. ("Dr. Zakhireh") and Zak Medical Corp. ("Zak Medical") (collectively, "Defendants"), alleging (1) harassment (CCP S 527.6), (2) violation of Fair Employment and Housing Act ("FEHA"), (3) intentional infliction of emotional distress ("IIED"), and (4) negligent...
2023.12.12 Motion for Summary Adjudication 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...llectively, "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 proVdes management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversight and project management busine...
2023.12.12 Motion for Summary Judgment on FAC 305
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.12
Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...
2023.12.12 Motion for Summary Judgment, Adjudication 964
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.12.12
Excerpt: ...nt. 5. GRANT the motion for summary adjudication as to the 2nd, 3rd and 4th causes of action. However, the court allowed the parties to file further briefing as to the 1st and 5th causes of action, and as to evidentiary objection no. 23. OVERRULE Objection No. 23. There are two layers of hearsay covered by this Objection—the statement from Shaw to Sanford, and the statement from Sanford to Plaintiff. Neither Shaw nor Sanford were named as defen...
2023.12.12 Motion to Compel Deposition 682
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.12.12
Excerpt: ...ories 6-7 are not overly broad because they are limited to other vehicles of the same year, make, and model. The attorney-client privilege as to Categories 10-15 are not valid yet. Category Nos. 10-15 do not require testimony that would violate these protections. To the extent that questions at the deposition violate these protections, GM's counsel could object at the time. Nor in this area was the court persuaded by the claim that the informatio...
2023.12.12 Motion to Compel Further Responses 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.12
Excerpt: ...26, 27, 33, 35, 35, and 43 at issue. Plaintff's issue with requests nos. 1-6, 9, 10, 12, 14-16, 23, 26, 27, 36, and 43 is that while the responses indicated that Moreno Valley Unified School District ("District") would comply with the request, they did not say whether the compliance was in full or in part. In response to requests nos. 1, 3-5, 14-16, 23, 26, 27, and 43, District responds without objections and states that it will comply with these...
2023.12.12 Motion to Compel Responses 218
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...is further ordered to pay attorney's fees and costs to moving party in the amount of $508.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. Responding party is ordered to serve verified responses to the Demand for Production of Documents, set 1, Nos. 1, 2, 3, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 55, 73, 74, 75, and 77 without...
2023.12.12 Motion to Compel Responses, for Monetary Sanctions 287
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.12
Excerpt: ... payment for depreciation for repairs made to his home after a roof leak, and for personal property that was damaged, which Plaintiff alleges were covered under his homeowners policy. Plaintiff claims the alleged withholding of policy benefits was done in bad faith. The Complaint was filed on 6/7/22 and alleges causes of achon for breach of contract and bad faith. By these motions, Defendant moves to compel Plaintiff to provide further responses ...
2023.12.12 Motion to Quash Subpoena 678
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.12
Excerpt: ...ntext On September 6, 2023, Plaintiff, Edmundo Rodriguez ("Plaintiff") filed a Complaint against Defendant, Super Center Concepts, Inc. dba Superior Grocers ("Defendant") for general negligence and premises liability. Plaintiff alleges that on September 10, 2022, he slipped and fell on dirty water left on the floor of the restroom in Defendant's store, located at 1130 West 6th Street, Corona, California. (Complaint, p. 4, GN-I.) Defendant knew th...
2023.12.12 Motions to Compel Further Responses 521
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.12
Excerpt: ...an employee of non-party Amazon, as a warehouse worker, was injured on the job by an improperly secured pallet of cardboard inside a trailer he was attempting to unload. Plaintiff alleges that the cargo came from Defendant International Paper Company ("IPC"), who contracted with Defendant National Distribution Centers, LLC ("Defendant") and Jess Diaz Trucking ("Jess Diaz") to load, transport and deliver its products. On 8/17/22, Plaintiff filed h...
2023.12.12 Motion for Summary Judgment 002
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...ersuasion and production; thus the burden does not shift to the plaintiff to raise a triable issue of material fact; and (2) the plaintiff raises triable issues of material fact. The Defendant Has a Duty of Due Care for the Plaintiffs Safety The plaintiff, Valerie Veronica Gonzales, and the defendant, Bourn Family LLC, agree that the elements of a negligence claim and a premises liability claim are the same. 80th require a legal duty of care, a b...
2023.12.11 Motion to Contest Good Faith Settlement on Complaint 403
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.11
Excerpt: ...od faith; such a determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP S 877.6 (a), (c)-(d).) The case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, established the often-cited factors to be considered by the court in det...
2023.12.11 Demurrer to Petition for Writ 235
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.11
Excerpt: ...cedural background: Petitioners allege that they own real property located at 14801 Amorose Steet in Lake Elsinore, which is zoned R-1 12000 in the County of Riverside. Petitioners allege the property has stayed in the same condition and used in the same manner since 1987 when their parents bought the property. Further that between 2022 and 2023 they were targeted by were targeted by code enforcement officer Britt Starkweather ("Starkweather") fo...
2023.12.11 Demurrer 382
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.11
Excerpt: ...titute a cause of action, and 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.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof...
2023.12.11 Demurrer on FAC 025
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.11
Excerpt: ...urt assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Ifthe complaint falls to stat...
2023.12.11 Demurrer on FAC 070
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.11
Excerpt: ...nsferred to Residential Funding Company, LLC ("Residential Funding") or 21st Mortgage Corporation ("21st Mortgage"). In 2022, 21st Mortgage allegedly recorded a notice of default. A notice of trustee's sale was recorded in March 2023. Plaintiffs allege that these documents were improperly filed because Attorney Lender Services, Inc. ("Attorney Lender") failed to record a substitution of trustee. Plaintiffs allege that Residential Funding and 21st...
2023.12.11 Demurrer on FAC 803
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.11
Excerpt: ...At the same date and time, Co-Defendant, CHD, LLC dba Adrenaline Lacrosse, ("Adrenaline Sports") sponsored, organized and managed a high school lacrosse event at the Sports Complex, perpendicular to the children's soccer game. Plaintiff alleges that as she watching the game, she was struck with an errant lacrosse ball from the adjacent field where the high school lacrosse game was being played. (FAC '1 15.) The FAC alleges "[dlefendants were resp...
2023.12.11 Motion to Stay Action 950
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.11
Excerpt: ...to conform with express and implied warranties. On 8/1/23, Plaintiffs filed the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code S 1790 et. seq.. Defendant mcwes to stay the matter under CCP 5410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be filed in Indiana. Plaintiffs oppose, arguing among other thin...
2023.12.11 Motion for Attorney Fees 561
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.11
Excerpt: ...that FCM's authorized repair facilities failed to repair the defects after a reasonable number of attempts. The complaint sets forth three causes of action for violation of the Song-Beverly Act. * * * on June 22, 2023, the parties entered into a settlement under which Defendants agreed to pay $52,510.75. In addition, Defendants agreed to pay attorney's fees and costs to be determined by motion in which Plaintiffs would be deemed the prevailing pa...
2023.12.11 Motion for Judgment on the Pleadings 692
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.11
Excerpt: ...intiff to obtain a conditional use permit, at the property. (Comp. , '1 11, Exh. A.) Plaintiff alleges Defendant Tod Gary Davidson is the alter ego of Mirage. Plaintiff alleges Defendant overbilled in excess of $70,000 for work not completed or authorized, did not perform the work according to the plans, required Plaintiff to pay subcontractors directly, failed to follow codes and failed to show up to the jobsite. Plaintiff alleges a claim on Mir...
2023.12.11 Motion to Compel Further Responses 641
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.11
Excerpt: ...vision, and retention against PUSD. Specifically, Plaintiff alleges he was a victim of sexual assault and molestation at the hands of Regalado, an employee of PUSD (as a coach and tutor), from 2013-2014, when he was 15-16 years old. (Complaint at 1, 10.) During this time period, Regalado was also charged and found guilty of sexually assaulting at least one other student of PUSD. (Complaint at 12.) *** On June 7, 2023, Plaintiff served requests fo...
2023.12.11 Motion to Stay All Proceedings 912
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.11
Excerpt: ...an of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and reported recent drug use. At approximately 5:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to Defendant Doctor's Hospital of Riverside, LLC dba Parkview Community Hospital Medica...
2023.12.11 Petition to Compel Arbitration 315
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.11
Excerpt: ...as properly been established that an arbitration agreement existed between the parties. Here, the only evidence of Campagna's alleged incapacity to contract is the declaration from his son, Thomas Keith Campagna. He claims his father lacked capacity to enter into an arbitration agreement at the time it was executed because he was 92 years old, suffered from McCardles disease, and had just endured a six- hour flight from New York to California. Th...
2023.12.11 Demurrer 307
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.11
Excerpt: ...mplaint against Defendants, Ford Motor Company ("Ford") and Hemborg Ford (together "Defendants") asserting the following causes of acton: (1) violation of Civ. Code S 1793(d) [against Ford only]; (2) violation of Civ. Code S 1793(b) [against Ford only]; (3) violation of Civ. Code S 1793(a)(3) [against Ford only); (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement — concealment [against Ford only...
2023.12.08 Motion for Leave to Amend, to Augment Supplemental Expert Witness Designation 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...ifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufactured by MORryde, International, Inc. ("MORryde"), another defendant in this case. Defendant Jayco moves to strike Plaintiffs' supplemental witness designation. The general allegations are as follows: On February 15, 2021, Plaintiffs were camping in their Eagle HT RV, and, at around 2:00 a.m., P...
2023.12.08 Demurrers on SAC 479
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.08
Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massiello to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...
2023.12.08 Demurrer to FAC, Motion to Strike 927
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.08
Excerpt: ...es. They allege that they complained to employees and managers at the hotel and Defendants knew about the infestation based on prior reviews of the room by past guests. They allege that medical treatment was needed due to said bites. Plaintiffs allege Defendants deliberately and recklessly chose not to inspect Plaintiffs' room for bedbugs, even though they had knowledge of a prior bedbug infestation. It is alleged they failed to eradicate the pri...
2023.12.08 Motion for Summary Judgment 820
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...M.D. on May 12, 2021 at Parkview Community Hospital, and was discharged to home on May 14, 2021. She returned to Parkview Community Hospital on May 15, 2021 with abdominal pain and was diagnosed with a perforated small bowel. Ms. Contreras was taken back to surgery on the morning of May 16, 2021 and Dr. Hirst was the anesthesiologist for that procedure. He was not involved in the first surgery of May 12, 2021. The condition of Ms. Contreras deter...
2023.12.08 Motion to Compel Further Responses, for Sanctions 171
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.08
Excerpt: ...inging this motion. The parties are ordered to meet and confer by telephone, in person, or on video. Failure to meet and confer in good faith may result in sanctions. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. After meeting and conferring, moving party shall, at least 10 days before the continued hearing date set above, do one of the follo...
2023.12.08 Motion to Augment Administrative Record 221
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...edule. Factual / Procedural Context: Petitioner Sierra Club brings this CEQA challenge to Respondent City of Moreno Valley's (City) approval of the project known as the Moreno Valley Business Park, which mostly consists of a single industrial building 220,390 square feet. Petitioner contends the City improperly adopted a Mitigated Negative Declaration, when there would be impacts to aesthetics, air quality, energy, land use/planning, noise and tr...
2023.12.07 Motion to Compel Responses, for Monetary Sanctions 802
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.07
Excerpt: ...PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF ANTHONY L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY ANTHONY L PEREZ CVR12204802 PEREZ VS PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF SANDRA L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY SANDRA L PEREZ Tentative Ruling: The court denies Pl...
2023.12.07 Motion for Attorney Fees 550
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.07
Excerpt: ...breach of express warranty; (2) breach of implied warranty; and (3) Civil Code 51793.2. On the day of trial, the court referred the matter to mediation, which ultimately resulted in a settlement. Here, Plaintiff moves for attorney fees of $100,433.71 that consists in fees of $23,872.50 for Quill & Arrow, $43,337.24 for West Point Legal, a 1.35 multiplier, $3,700.56 in costs, and an additional $6,000 for the reply and attend the hearing. Defendant...
2023.12.07 Motion for Leave to Amend Complaint 283
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.07
Excerpt: ...ny pleading at any time. CCP SS 473(a), 576. See Hong Sang Market, Inc. v Peng (2018) 20 CA5th 474, 488, 229 CR3d 99CCP 5473 provides: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the tme for answer o...
2023.12.07 Motion for Summary Judgment 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.07
Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger LISA, 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 wa...
2023.12.07 Motion to Compel Arbitration 256
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.07
Excerpt: ..."), Exhibit A.) Plaintiffs allege that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11, 22-29, 63-85.) 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(B); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of Implied Warranty of Merchantability and ...
2023.12.07 Demurrer to FAC 420
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.12.07
Excerpt: ...arassment claim. (FAC, 915(e).) However, courts have held that, "[h]arassment... consists of actions outside the scope of job duties which are not of a type necessary to business and personnel management." (Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 55.) Moreover, harassment does not include personnel management duties such as "hiring and firing, job or project assignments, office or work staton assignments, promotion or demotion, ...
2023.12.07 Motion to Compel Responses, for Sanctions 799
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.07
Excerpt: ...iff is ordered to file a supplemental declaration 10 days prior to the hearing date describing the supplemental meet and confer, and indicate whether any issues were resolved informally. A motion to compel a further response to an inspection demand or interrogatory must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve informally the issues presented by the motion before filing the motion. (Cal...
2023.12.07 Motion to Strike Complaint on FAC 655
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.07
Excerpt: ...r se. On October 3, 2023, Plaintiffs filed their operative First Amended Complaint ("FAC"), alleging the same two causes of action— negligence and negligence per se. Plaintiffs subsequently agreed to dismiss their second cause of action for negligence per se. (Becker Decl. 6.) In the FAC, Plaintiffs seek exemplary and punitive damages based on their first cause of achon for negligence. *** Defendant now moves to strike a portion of the FAC seek...
2023.12.07 Motion to Strike FAC, Demurer on FAC 005
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.07
Excerpt: ...the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike." Here, the declaration filed by Defendant refers to a meet and confer pertaining to a prior motion and does not state that anyone met and conferred with respect to this moton arising from the First Amended Complaint. It may well be that a meet and confer wil...
2023.12.07 Petition for Verified Petition to Reduce Percentage of Affirmative Votes 070
Location: Riverside
Judge: Hodgkins, James F
Hearing Date: 2023.12.07
Excerpt: ...ad and consider the document filed by Dell V. Morgan on 11/27/2023. Morgan attacks the proposed Amendment as unreasonable. The Court has broad discretion in ruling on a petition such as the one before it now. (See, Orchard Estates Homes, Inc. v. The Orchard Homeowner Alliance (2019) 32 Cal.App.5th 471. A proposed amendment is unreasonable if it "is arbitrary, capricious, violates law or a fundamental public policy, or imposes an undue burden on t...
2023.12.07 Petition for Writ of Mandate 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.07
Excerpt: ...ged that prior to 2009, Rancho Palms was home to low-income, predominately Hispanic families, most of whom paid $350/month. Rancho Palms was subject to a recorded Declaration of Affordable Housing Covenant through 2054. In 2009, the City and Housing Authority purchased the Park to convert it to a community for low-income individuals aged 55 and older. Plaintiffs alleged that to accomplish this replacement, the City began a campaign of harassment ...
2023.12.07 Motion to Quash Subpoena 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.07
Excerpt: ...m Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") were aware of the fraternty's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("Ed"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operati...
2023.12.06 Motion for Judgment on the Pleadings 241
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.06
Excerpt: ...this wrongful foreclosure action. Plaintiffs allege the following causes of action: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2923.6; (3) violation of Civil Code section 2923.7; (4) negligence and negligence per se; (5) UCL violations; and (6) wrongful foreclosure. The first, second, and third causes of action are premised on statutory violations. Civil Code section 2923.5 requires that a mortgage service, mo...
2023.12.06 Demurrer 353
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.06
Excerpt: ...: On July 6, 2021, Plaintiff, while employed by a staffng agency, was working at Defendants' premises. (Complaint, pg. 4.) Plaintiff was transporting and re-filling Defendants' propane gas tank within their warehouse facility in Perris, California when the propane gas tank exploded and caught fire, causing severe burns to Plaintiff (Ibid.) On June 30, 2023, Plaintiff filed his Complaint in this case, alleging three causes of action for: (1) Gener...
2023.12.06 Demurrer to FAC 172
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.12.06
Excerpt: ...rt rules as follows: Alter ego allegations: SUSTAINED. The allegations do not show individual liability of Defendants Charles and Ana Singleton. The FAC cites conclusory allegations in support of Plaintiffs' claims for alter ego liability, without supporting factual allegations. Plaintiffs' conclusory allegations are made on information and belief which requires that Plaintiffs assert factual allegations supporting Plaintiffs' belief. 2COA for br...
2023.12.06 Demurrer, Motion to Strike 862
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.06
Excerpt: ...Burrtec") hired Tanc and Bogel Constructon LLC dba Tanco ("Tanco") as its primary contractor to perform a construction project at its Edom Hill Compost property. Tanco hired Sky Construction Services, Inc. ("Plaintiff") to perform demolition and grading services for the project. Tanco has refused to pay Plaintiff $156,584.22 for services provided. The Complaint asserts the following causes of action: (1) breach of contract, (2) quantum meruit, an...
2023.12.06 Motion for Preliminary Approval of Class Action Settlement 119
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.12.06
Excerpt: ...f any other class, representative or collective action in another court that asserts claims similar to those asserted in this action. He does not, however, state whether he made a reasonable inquiry of other members of the firm to determine if any of those individuals are aware of any such cases. 4. CMO 3(c): If a class member fails to cash their check by the deadline, then the settlement administrator shall distribute such funds to the Californi...
2023.12.06 Motion for Leave to Amend SAC 162
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.06
Excerpt: ...rtment (the "City") responded to a call to help lift Mary Parks ("Decedent") out of bed, a "lift assist." Plaintiffs, the surviving heirs of Decedent, allege that the firefighters negligently dropped Decedent onto the floor, caused her head to strike the wall and caused Decedent's oxygen tank to become unplugged. Decedent became unresponsive and the firefighters began performing CPR. An ambulance of defendant American Medical Response, Inc. ("AMR...
2023.12.06 Motion for Preferential Trial 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.06
Excerpt: ... assault and battery against Defendants, WG Hacienda SH LP ("WG Hacienda"), Ventas AOC Operating Holdings, LLC ("Ventas"), Atria Management Company, LLC ("Atria"), Robert Barton ("Barton"), and Robert Orsino ("Orsino") (together "Defendants"). In the Complaint, Plaintiff alleges she was a resident of a residential care facility for the elderly named Atria Hacienda, which was located at 44600 Monterey Avenue, Palm Desert, California (the "Facility...
2023.12.06 Motion to Compel Further Responses 482
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.06
Excerpt: ...compel further responses to SROG Nos. 1, 2, 3, 10, 16, 35, and 36. The Court denies Plaintiff's request for sanctions. Factual / Procedural Context On September 13, 2019, Plaintiff Jacob Keithley ("Plaintiff") purchased a new 2019 Ford Transit Van from Sunrise Ford Fontana, a dealership. (Compl. 11.) The subject vehicle was manufactured and warranted by Defendant Ford Motor Company ("Defendant" or "Ford"). (ld. at 25, 29.) Plaintiff alleges that ...
2023.12.06 Motion to Set Aside Default 191
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.06
Excerpt: ...of Service of Summons filed in this achon on February 02, 2023, Moving Defendant was served with the Summons and Complaint on June 05, 2020, by substituted service to a cooccupant, Artemio Villicana, who is also named as a Defendant in this case. On March 30, 2023, Plaintiff filed a Request for Entry of Default, and, on the same day, default was entered against Moving Defendant by the clerk of the court. On September 29, 2023, Moving Defendant fi...
2023.12.06 Motion to Set Aside Default 416
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.06
Excerpt: ...ch of contract and 2) negligence arising out of an agreement by Defendant United Brothers Concrete, Inc. to lay foundation and build block walls for Plaintiff's property. Defendant moves the court to set aside the default entered against them on August 29, 2023 on the grounds of mistake, inadvertence, surprise and/or excusable neglect pursuant to CCP S 473(b). Here, defendant brought the documents to his attorney (discovery Request for Admissions...
2023.12.05 Demurrer to FAC 544
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.05
Excerpt: ...t General Corp. (2007) 148 Cal. App. 4th 97, 113.) City requests judicial notce (RIN) of: 1) the fact that the City of Riverside is a public entity (Evid. Code S 452(g), (h)); 2) the operative Charter Section 419; 3) the Charter section 1109; and 4) Resolution No. 23256, S 1104 (Evid. Code SS 451(a), 452(b), (g), (h), 453) (see Dec.Verska, Exs. "A" — "C".) The fact that the City is a public entity is judicially noticeable under the catch-all pr...
2023.12.05 Motion for Relief from Waiver of Objections 863
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.05
Excerpt: ...UP OF AMERICA, INC.'S MOTION FOR RE IEF FROM WAIVER OF OBJECTIONS-SPECIAL INTERROGATORIES BY VOLKSWAGEN GROUP OF AMERICA, INC. Tentative Ruling: Defendant's Motion for Relief from Waiver of Objections to Requests for Admissions, Form Interrogatories, and Special Interrogatories are granted. A party to whom interrogatories have been propounded must serve responses within 30 days after service of the interrogatories. (C.C.P. S 2030.260(a).) A party...
2023.12.05 Demurrers on SAC 479
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.05
Excerpt: ...ant is to file their answer within 30 days of this court's ruling. Defendant Massieloo to provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf. & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). Seatrice Foster, as the administrator of the decedent, ...
2023.12.05 Motion to Expunge Lis Pendens, to Compel Arbitration 515
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.05
Excerpt: ...Defendant entered -nto a Vacant Land Purchase Agreement and Joint Escrow Instructions (PSA), which was later assigned to Plaintiff, an entity with ownership common to High Sand Dessert, LLC. When Plaintiff and Palm 10 met to sign the PSA, the price was $1.5 million higher than what they had previously agreed to. Defendant, Susan Harvey (Harvey), served as the dual real estate agent of both parties, and represented to them that she had received a ...
2023.12.05 Motion for Summary Judgment 565
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.12.05
Excerpt: ...eement that moots the causes of action of the Plaintiff's Complaint. On 3/19/20, Plaintiff's counsel sent the Defendants' insurance carrier a letter offering to settle his claims against the Defendants subject to the carrier agreeing to five specific terms and conditions outlined in the letter. The letter states "[t]he written acceptance of these terms must be in our hands before April 2, 2020. No term is more important than any other term; there...
2023.12.05 Motion to Compel Production of Docs 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.05
Excerpt: ... the imposition of terminating sanctions for discovery abuses and the striking of the answer, judgment was entered in fawr of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On May 10, 2023, Judgment Creditor served a subpoe...
2023.12.05 Motion to Remove Stay and Reverse Prior Arbitration Order 842
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.05
Excerpt: ...der. Plaintiffs now move for an order removing the case from arbitration and putting it back on the active calendar because they argue that Defendants failed to timely pay arbitration fees. Defendants admit that they did not timely pay the fees but assert that the oversight was unintentional and that the Court should not remove this case from arbitration because Plaintiffs failed to comply with this Court's order requiring the matter to but submi...
2023.12.04 Motion for Sanctions 326
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.04
Excerpt: ...serious injuries. On October 6, 2023, Plaintiff filed his Complaint against the Inn and principle, Kalpesh Solanki (collectively "Defendants"). He asserts five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress; (4) Negligence; and (5) Negligent Hiring, Supervision and Retention. Defendants now move for terminating sanctions against Plaintiff. Defendants assert that on July 17, 2023, their counsel obs...
2023.12.04 Demurrer, Motion to Strike 912
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.04
Excerpt: ...12 SHAH VS DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA IMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER MOTION TO STRIKE COMPLAINT ON COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, DBA PARKVIEW COMMUNITY HOSPITAL MEDICAL CENTER BY DOCTOR'S HOSPITAL OF RIVERSIDE, LLC A CALIFORNIA LIMITED LIABILITY COMP...
2023.12.04 Demurrer, Motion to Strike 564
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.04
Excerpt: ... Demurrer is overruled. Defendant's Motion to Strike is sustained with leave to amend within 20 days. REQUEST FOR JUDICIAL NOTICE Defendant requests the court take judicial notce of the followng documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiff's voluntary resignation, C) Plaintiff's initial complaint in this action, D) the First Amended Complaint ("FAC"); and E) the operative SAC. Plaintiff objects to the request as ...
2023.12.01 Demurrer to FAC 487
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.01
Excerpt: ...emurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." Here, the parties have not met and conferred as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The C...
2023.12.01 Demurrer, Motion to Strike 124
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.01
Excerpt: ...filed an original Complaint against GM, alleging "breach of warranty" claims under the Song- Beverly Consumer Warranty Act, as well as a common law "Fraud - Fraudulent Inducement- Concealment" claim. GM filed a demurrer to Plaintiff's originally filed Complaint against their Fraud-Fraudulent Inducement-concealment claim. Before GM's hearing on its demurrer could be heard, Plaintiff filed his First Amended Complaint (FAC), which includes the same ...
2023.12.01 Motion for Leave to Obtain Physical Exam Beyond 75 Miles of Residence 097
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.12.01
Excerpt: ...cing the examinee's reasonable travel costs and expenses. (CCP S 2032.320(e)(1)and(2)) Plaintiff does not dispute that he has refused to travel to California from Pennsylvania for the Independent Medical Exam (IME), despite Defendant's offer to pay travel costs. (See "Sarmiento Declaration", Para.16; Opposition, p.4.) The court finds that Defendant has shown cause for Plaintiff to travel to California for the IME because, despite Defendant's best...
2023.12.01 Motion for Reconsideration of Order Awarding Sanctions 879
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.01
Excerpt: ...ry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." 1 CCP S 1008 gives the court no authority when deciding whether to grant a motion to reconsider to 'reevaluate' or 'reanalyze' facts and authority already presented in the earlier motion." (Crotty v. Trader (1996) 50 Cal.App.4th 755, 7...
2023.12.01 Motion to Compel Arbitration 525
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.01
Excerpt: ...iffs allege that the Vehicle was delivered with serious defects and nonconformities to warranty and that the Vehicle manifested additional defects and nonconformities within the applicable warranty period, which HMA's authorized facility was unable to repair. (Complaint, "1 10, 18, 22-24.) The Complaint sets forth three causes of action: (1) Violation of Song-Beverly Act — Breach of Express Warranty; (2) Violation of Song-Beverly Act — Breach...
2023.12.01 Motion to Quash Subpoena 394
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.12.01
Excerpt: ...al Integrity. Plaintiff initially sought to recover for, among other things, anxiety she claimed to have suffered as a result of the accident. She now has withdrawn her claims relating to anxiety and has not and does not assert any claim for psychological injury. She has amended some or all of her responses to discovery to eliminate any such claims, and will amended remaining responses to avoid any confusion about the claims she is pursuing. For ...
2023.12.01 Motion to Set Aside Complaint 211
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.12.01
Excerpt: ... his secretary/paralegal of 21 years left and he had to run the firm on his own for two months. (Decl. of Mark A. Mellor ("Mellor Decl.") at '1 4.) Thereafter, he hired new staff and obtained new case management software. (Mellor Decl. at 5, 9.) He was first notified of the default and default judgment in October 2022, and asked his staff to calendar a follow-up date. (Mellor Decl. at 6-8.) The filing date was mis-calendared, which was his ultima...
2023.12.01 Motion to Set Aside FAC 938
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.01
Excerpt: ... may, on motion of either party after notice to the other party, set aside any void judgment or order. "[A1 default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void." (Calvert v. A1 8inali (2018) 29 Cal. App. 5th 954, 961.) "Notice of the litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons." (Mjs Ente...
2023.12.01 Motion to Stay Entire Case 787
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.12.01
Excerpt: ...ted by Plaintiff. McGee Contracting failed to cure the mechanic's liens. Defendant Jason McGee is alleged to be the alter ego of McGee Contracting, who used the funds on his other entiW, Defendant Jeptha Trucks, LLC. The complaint, filed 11/3/22, asserts: (1) non-disclosure (McGee Contracting and Jason McGee); (2) intentional misrepresentation (McGee Contracting and Jason McGee); (3) breach of contract (McGee Contracting); (4) breach of implied c...
2023.12.01 Petition for Writ of Mandate 839
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.01
Excerpt: ...ized by homeless people during the term of Petitioner's lease. (ld„ '1 11.) In July 2021, Petitioner submitted a conditional use permit to the County of Riverside (the "County") to remodel the building and use the building and property for a cannabis business. (ld., 8, 24.) Petitioner alleges that the County unfairly denied his application, after granting preferential approval of a neighboring property owner's application to operate a cannabis ...
2023.11.30 Motion to Tax Costs 184
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.30
Excerpt: ...uary 26, 2021 alleging negligence and premises liability. The matter proceeded to jury trial on May 15, 2023, and the jury returned a verdict in favor of Defendants and against Plaintiff. Judgment was entered on August 15, 2023. Defendants filed a memorandum of costs on August 25, 2023, seeking $48,319.26 in costs. Plaintiff now moves to tax $972.75 in filing and motion fees, $22,600 in witness fees and $11,803.09 in other costs. Defendant oppose...
2023.11.30 Motion for Judgment on the Pleadings, to Strike 014
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.30
Excerpt: ...cularity that constitute a cause of action, and that it fails to allege a transactional relationship giving rise to a duty to disclose. A moton for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonab...
2023.11.30 Motion for Judgment on the Pleadings 266
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.30
Excerpt: ...on as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed." (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in are deemed admitted and given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal. App. 4th 194, 198.) "No matter how unlikely or improbable, a plaintiff's allegations mus...
2023.11.30 Demurrer 327
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.11.30
Excerpt: ...ll matters stated therein. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 disapproved on other grounds In re Tobacco Cases II (2007) 41 Cal.4th 1257. Deny petitioners' request for notice of items 17-20 because they are not facts and propositions that are not reasonably subject to dispute. As to the first cause of action, for violation of CECA, questions of whether an action is barred by the statute of limitations are typically q...
2023.11.29 Petition for Writ of Mandate 184
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.11.29
Excerpt: ...ces of the Riverside Branch. Petitioner seeks a writ commanding the Department to provide services, to create and implement an Individualized Plan for Employment, and for "damages in the sum of $57,CM through May 2022 and continuing at $2,880." In her opening brief Petitioner also seeks orders requiring the Department and its employees from engaging in conduct that she considers to be unprofessional. More specifically, Petitioner asserts that she...
2023.11.29 Motion to Strike, Demurrer, Motion for Judgment on the Pleadings 293
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.29
Excerpt: ...ts Riverside Housing and Kulpa move to strike claims for punitive damages and attorney fees from the Complaint. As to punitive damages, Defendants contend that there is no basis to recover punitive damages for simple negligence absent additional factual pleading in accord with CC S 3294. As to attorney fees, Defendants contend that the Complaint does not plead a legally viable basis for the recovery of attorney's fees, which can only be recovered...
2023.11.29 Motion to Quash Subpoena 176
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.11.29
Excerpt: ... and all radiological films including but not limited to any x-rays, MRI's, CT Scans, Bone Scans, Nerve Conduction Studies EMGs, CT Mylograms, Diskograms, etc., whatsoever relating to any care, treatment, diagnosis, prognosis, consultation and/or findings. Documents should also include, but not be limited to, any and all emergency room records, radiology reports, pathology reports, all test and test results, medication records, physical and/or uc...

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