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2024.05.13 Motion to Quash Service of Summons 295
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.13

Excerpt: ...aulted Plain tiffs resulting in injuries. (Complaint, ¶¶ 12 -26.) Plaintiffs allege that Defendants Dawson, Francis and Scott were coaches for Defendant Menifee Elite Athletics Sports, LLC (“Menifee Elite”). (Complaint, ¶¶ 43 -44.) On 12/7/22, Plaintiffs ﬁled this Com plaint alleging claims against Defendants Menifee Elite, Dawson, Francis and Scott, for: 1) Assault and Battery; 2) Intentional Inﬂiction of Emotional Distress; 3) Negli...

2024.05.13 Demurrer to FAC 144
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.13

Excerpt: ...ffs”) were employed by Odes USA, Inc. (“Odes”) as customer service representatives. They allege that Odes has failed to provide them or pay them for missed meal and rest breaks, failed to timely pay wages, and failed to pay for earned sales commission. They contend that Toa Wang aka Sarah Wang (“Wang”), Odes' Chief Executive Officer, harassed the Plaintiffs by making comments that women were better workers than men and made offensive co...

2024.05.08 Demurrer 730
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.08

Excerpt: ...t see, and fell off a yellow curb sustaining serious injuries including a sprained left ankle and fractured right wrist. Plaintiff ﬁled her Complaint on 10/25/23 alleging two causes of action for general negligence and premises liability. Defendant, Perris ESD, bri ngs this demurrer to both causes of action in Plaintiff's Complaint for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) Perris ESD argues that ...

2024.05.07 Motion to Vacate and Set Aside Default 552
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.07

Excerpt: ...el Hernandez and Sandra Madrigal De Hernandez breached the CC&Rs by installing a shed and covered barbecue / patio cover in their backyard without ﬁrst obtaining approval from the Association. On 9/12/23, Mrs. Hernandez was served with the summons and complaint by p ersonal service and Mr. Hernandez was served by substituted service. On 10/27/23, Defendants' default was taken by Plaintiff. On 2/21/24, Defendants ﬁled this motion to vacate and...

2024.05.02 Motion to Compel Further Responses 840
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.02

Excerpt: ...s allege tha t during the warranty period, the vehicle suffered defects relating to the engine, transmission, and loss of power, that Honda's authorized repair facility was unable to repair despite a reasonable number of attempts. Plaintiffs brought suit alleging the f ollowing causes of action: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); (3) Violation of Civil Code §1793.2(a)(3); (4) Breach of Express Writt...

2024.05.01 Motion for Leave to File Complaint 653
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.05.01

Excerpt: ...ys of this order , only for the limited purpose of seeking discovery which relate to the following subject matters: (1) As against Plaintiffs, the new information which was purportedly brought to light only recently in January 2024 that Plaintiffs were using the vehicle for commercial purposes, which is information relevant to Lentegrity's defense against Plaintiffs' claims in the anticipated re -ﬁling of the motion for summary adjudication and...

2024.04.29 Motion to Quash Subpoena for Private and Privileged Academic Records 328
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.29

Excerpt: ...); Slayton v. Sup. Ct. (2006) 146 Cal.App.4th 55, 58, fn. 2; Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29.) For purposes of both motions, convenience to the parties and efficiency, the factual and procedural background of both motions, along with the legal a uthorities and analysis, are addressed in this Tentative Ruling. Factual and procedural background: On 6/9/22, Plaintiffs Antoinette Moreno and Gabriele Moreno ﬁled a judicial f...

2024.04.25 Demurrer to FAC, Motion to Strike 059
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.25

Excerpt: ...vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty, and emission warranty. (FAC, ¶ 7.) Plaintiff alleges that certain defects and nonconformities manifested themselves within the applicable express warranty period that substa ntially impaired the use, value, or safety of the vehicle, including “transmission defects, infotainment defects….” (FAC, ¶¶ 11, 12.) Plaintiff presented the vehicle on var...

2024.04.24 Demurrer to SAC 239
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.24

Excerpt: ...t Bank FSB; and U.S. Bank National Page 2 of 6 Association, as Trustee for Bank of America Funding Corporation Mortgage Pass -Through Certiﬁcates, Series 2006- D (erroneously sued as U.S. Bank National Association.) Plaintiff alleged causes of action for: (1) Quiet Titl e; (2) Cancellation of Instrument; and (3) Wrongful Foreclosure. On 1/17/24, the Court sustained a demurrer to the FAC with leave to amend. The Minute Order from the 1/17/24 hea...

2024.04.22 OSC Re Sale of Dwelling 805
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.22

Excerpt: ...y various judgment debtors in this case as means to avoid judgment creditors from reaching those assets to satisfy a prior judgment entered in favor of creditors in a separate lawsuit. On 4/14/23, this Court entered a judgment in favor of Plaintiffs to set aside the fraudulent transfers of real properties and awarding monetary awards in various amounts, jointly and severally, against the judgment debtors. The instant application seeks an order au...

2024.04.22 Demurrer, Motion to Strike 479
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.22

Excerpt: ...t Centers, I nc. For its part, Banning RV claims that Horgan had misappropriated funds. In the cross- complaint, Horgan alleges that, in the wake of lay -offs during the COVID -19 pandemic, he was given monthly bonuses as compensation for the additional work he was being required to do. In his crosscomplaint Horgan alleges causes of action for intentional misrepresentation, negligent misrepresentation, breach of contract, unjust enrichment, and p...

2024.04.19 Motion to Compel Further Responses, for Monetary Sanctions 188
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.19

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

2024.04.18 Motion to Strike SAP for Writ of Mandate 988
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.18

Excerpt: ...Factual and proc edural background: Robert West and Brenda West (collectively “Petitioners”) were members of Tradition Golf Club (“Tradition”) in La Quinta. Disciplinary proceedings were held and Petitioners' membership rights were terminated by Tradition's Board of Direc tors, which is made up of Kevin Kirby, Katherine Heller, Steve Rubin, Don Vodra, Dan Devlin, and Joe O'Brien (collectively “Board Members”). Petitioners contend that...

2024.04.18 Demurrer to FAC 102
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.18

Excerpt: ... staying with a large group at a vacation rental property owned and operated by Defendants Avantstay, Inc., Avantstay Real Estate, Inc., Avantstay California, Inc., Avantstay Brokerage and Sean Breuner (collectively “Avantstay” or “Defendants”). Plaintiff alleges that she was using the hot tub in the early hours of the morning. Plaintiff went to an unlit enclosure containing maintenance equipment, which was unlocked where she fell into a ...

2024.04.17 Motion to Strike 077
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.17

Excerpt: ...hen he tripped over a tire stop, lost his balance, and fell forward down the stairs from the leasing office. He alleges Defendants, Fairﬁeld Waterstone, LLC; and FF Properties II, LP knew or should have known of the dangers of inadequate lighting ﬁxtures or illum ination because the lack of lighting was caused during/by a remodel of the leasing office. On 2/6/24, Plaintiff's motion for leave to amend the complaint was granted. Plaintiff ﬁle...

2024.04.17 Motion for Issue, Evidentiary, Evidentiary Presumption, Monetary Sanctions for Spoliation of Evidence 636
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.17

Excerpt: ...t the event, which altercation was followed by one of the males reentering the event area with a gun that ended in death of one attendee and shooting injuries of another attendee. On 2/27/19, Plaintiffs ﬁled their Complaint against Defendants, alleging: (1) n egligence, (2) premises liability, (3) negligent hiring, retention, and supervision, (4) negligent inﬂiction of emotional distress, and (5) wrongful death. Plaintiffs contend the only em...

2024.04.17 Demurrer to FAC 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.17

Excerpt: ...e sole shareholder of Sportman's Bar, Inc. (“SBI”), which was the owner of the Sportman's Bar (“Bar”) in Corona, California. Plaintiff alleges that in April 2021, Martin caused SBI to transfer and assign all assets and interest in SBI to himself personally, to be transferred to Plaintiff upon his death. Melvin Vander Molen (“Vander Molen”) was employed by SBI as a bar manager. Vander Molen had no authority to make ﬁnancial decisions...

2024.04.16 Motion for Summary Judgment 029
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.16

Excerpt: ...480 E. 2nd Street, Beaumont, California. (UMF ## 3-4, 7, 14.) The facts herein are based upon the allegations of the Complaint and the undisputed facts reﬂected in Plaintiff's response to Defendant's Separate Statement of Undisputed Material Facts (“Separate Statement”). The incident occurred between 10 and 11 a.m., it was sunny outside, and Plaintiff was wearing sunglasses. (UMF ## 6, 18.) According to Plaintiff's deposition testimony, she...

2024.04.11 Motion to Compel Further Responses, for Monetary Sanctions 116
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.11

Excerpt: ...erica, Inc. (“Volkswagen”) and SHAYCO, Inc. dba Ontario Volkswagen (together “Defendants”) for: (1) breach of express warranty in violation of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”); (2) violation of § 1793.2 of the Song Beverly Act; and ( 3) negligent repair. In his Complaint, he alleged that the 2021 Volkswagen ID.4 that he purchased on 9/18/22 had defects and nonconformities that substantially impaired its...

2024.04.11 Motion for Summary Judgment, Adjudication 906
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.11

Excerpt: ...k directly next to the racetrack constitutes gross negligence. Additionally, there are triable issues as to whether this truck increased the inherent risks of go -kart racing for the purpose of the doctrine of primary assumption of risk. The motion for summary judgeme nt is granted as to American Indoor Speedway and Robert Peterson as there is no evidence that American Indoor Speedway or Robert Peterson owned, operated, managed or controlled the ...

2024.04.10 Petition to Compel Arbitration 731
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10

Excerpt: ...n Devitt (“De cedent”) was admitted to Orange Treeidence Opco, LLC dba Riverwalk Post -Acute Care (“Riverwalk”) skilled nursing facility on 8/12/22, due to lower body weakness. It is alleged that due to said issues, she was dependent on Riverwalk, Providence Group of Sou thern California, LLC; Providence Group, Inc,; and Providence Administrative Consulting Services, Inc. (collectively “Facility Defendants”) for physical assistance wi...

2024.04.10 Motion to Vacate Dismissal and Consolidate 650
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10

Excerpt: ...) Kim dis missed her Complaint in this action. On 6/1/22, the Estate of Frances Marsh (Estate) dismissed its First Amended Joint Veriﬁed Cross -Complaint (the “FACC”). On 8/1/22, Kim along with Mark Wynne (Plaintiffs) ﬁled the Complaint in Wynne v. Wynne, CVRI 2203209, against defendants James P. Wynne (James), Timothy P. Wynne (Timothy), and A. Scott Kalkwarf (Kalkwarf), the personal representative of the Estate, asserting claims based o...

2024.04.10 Motion to Compel Arbitration 021
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10

Excerpt: ... was inoperabl e. Plaintiff alleges that the air conditioning in the truck did not work, Page 5 of 14 causing him to suffer during extreme temperatures. Plaintiff also alleges that he was denied meal and rest breaks and was forced to urinate in the truck. He claims that he was harassed after complaining to his supervisor about working the unsafe and unlawful working conditions. Plaintiff, who is Latino, alleges that CR&R provided better trucks to...

2024.04.10 Demurrer to SAC 932
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.10

Excerpt: ...by Blue Cross of California (“Blue Cross”). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitt ed claims to Blue Cross and PDS, it was reimbursed at a signiﬁcantly lower rate. The operative Second Amended Complaint (“SAC”) asserts the following seven (7) causes o...

2024.04.08 Motion for Leave to File FAC 828
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.08

Excerpt: ...eclaration which complies with CRC Rule 3.1324. Plaintiff ﬁled a declaration on 3/11/24. Problematically, as with the prior declarations and as pointed out by Defendants in their 3/20/24 and 3/24/24 oppositions, it still does not comply with CRC Rule 3.1324 as the decl aration does not discuss when the facts were discovered, why its necessary/proper and why the amendment was not made earlier. In addition, the proposed FAC attached to the curren...

2024.04.08 Motion for Preferential Trial Setting 270
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.08

Excerpt: ... counsel at the hearing on this motion. Factual and procedural background: On 5/1/23, pedestrian, Pla Khang (“decedent”), was struck by Defendant Gabriel Guzman, during his employment with Defendant Rancho Ready Mix and died shortly after the collision. On 6/23/23, Plaintiffs, decedents children and step -children, ﬁled their initial Complaint against the Defendants for Wrongful Death and Survival Damages. Plaintiff Pang Yang, seventy -four...

2024.04.05 Motion to Compel Arbitration 278
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.05

Excerpt: ...e was wrongfully terminated for r aising workplace safety complaints and reporting safety issues to government authorities. On 10/4/23, Plaintiff ﬁled his Complaint alleging the following causes of action: (1) Whistleblower Retaliation in Violation of § 1102.5; (2) Whistleblower Retaliat ion in Violation of § 6310; (3) Whistleblower Retaliation in Violation of § 6311; (4) Wrongful Termination in Violation of Public Policy; (5) Failure to Pro...

2024.04.04 Demurrer to FAC 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.04

Excerpt: ...ee of the T rust. Therefore, Defendant, as successor trustee is not liable for Vander Molen's misconduct. On the Court's own motion, the Case Management Conference currently set for 5/7/24 is continued to 7/24/24 at 8:30 a.m., Department 5. Factual and procedural ba ckground: Plaintiff Michelle Stindtman as Personal Representative of the Estate of John Luther Martin (“Plaintiff”) alleges that John Luther Martin (“Martin”) was the sole sha...

2024.04.03 Demurrer 982
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.03

Excerpt: ...�fth cause of action for fraudulent inducement – concealment, and a sixth cause of action against Defendant Gosch Ford (“Gosch”) for negligent repair. The Complaint alleges that on 1/17/23, Plaintiff purchased a 2023 Ford F- 150 (“Subject Vehicle” or the “Vehicle”). (Compl. ¶ 9.) It further alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but no...

2024.04.02 Motion for Relief from Dismissal 501
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.04.02

Excerpt: ...ant City o f Riverside (the “City” or “Defendant”), alleging (1) premises liability (common law negligence) and (2) general negligence (against a public entity under Gov. Code § 835). On 9/13/2023, Plaintiff's counsel received a meet and confer letter from the Cit y, requesting clariﬁcation on Plaintiff's ﬁrst cause of action based on common law and emphasizing that government tort liability is dependent on statute. (Id. at ¶ 6.) Wi...

2024.03.29 Motion to Strike Amended Complaint and Quash Summons 673
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.29

Excerpt: ... six gen eral population inmates. Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff ﬁled the original Complaint on 4/25/22, and the ope...

2024.03.28 Motion to Compel Arbitration and Stay Proceeding 701
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.28

Excerpt: ...t Agreement” (the “ Employment Agreement) (collectively the agreements are referred to herein as the “Agreements”). (Declaration of Stephen D. Weisskopf (“Weisskopf Decl.”) ¶ 5, Ex. C.) The Agreements govern the employment relationship between Plaintiff and theITSupportCent er and both contained a broad arbitration clause. (Weisskopf Decl., ¶4, Ex. B (Section 21) and ¶5, Ex C (Section 15).) Both of the agreements were signed by Pla...

2024.03.27 Demurrer to FAC 893
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.27

Excerpt: ...a separate work phone, and he was never reimbursed. He alleges he was transferred from the juvenile and South County jail to the downtown jail facility as a Senior Institutional Nurse. Shortly after his transfer, on or around 11/4/22 Plaintiff discovered rampant ti mecard fraud. Plaintiff reported the fraud to Human Resources and they failed to take him seriously. Eventually, HR approved Plaintiff's request to conduct an investigation, which he p...

2024.03.19 Motion to Compel Responses 508
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.19

Excerpt: ...oe 1 in the c ity of Corona, where he was working as a construction worker. Plaintiff alleges that Defendant Robertson Ready Mix, Ltd. (“Defendant”) employed Doe 1 with foreknowledge that he was a dangerous person with a propensity towards violence. Plaintiff alleges th at Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. As a result, Plaintiff allegedly suffered injuries to...

2024.03.18 Motion to Quash Deposition Subpoenas 396
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.18

Excerpt: ...nli Xu (“Plaintiff”) resides in China and has familial ties with defendants Shuxia Kang's (“Kang”), Guoning Li (“Li”) and Si Liu (“Si”)(collectively “Defendants”). Kang is the sister of Plaintiff's late husband. Kang and Li are married, and Si is their daughter. Plaintiff alleges she ﬁnancially assisted Kang and Li while they were all living together in China. In 2018, the parties discussed investing in real estate in the Un...

2024.03.13 Motion for Leave to Intervene 393
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.13

Excerpt: ...laint on 3/ 22/23 alleging two causes of action: 1) motor vehicle negligence; and, 2) general negligence. Defendant -in -Intervention, State Farm Mutual Automobile Insurance Company (State Farm), brings this motion for leave to intervene in this action as the commercial automobile insurer for Defendants, WE, S Corp dba Melissa Morgan Fine Art and Christopher Connelly (an employee), in order to dispute the issues of liability and damages against i...

2024.03.12 Motion to Substitute New Counsel 219
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.12

Excerpt: ...nt agreed to provide additional funding subject to certain conditions. Ultimately, problems insured and Plaintiffs allege that Defendants failed to fund the construction loan, resulting in the project coming to a standstill. The complaint, ﬁled on 6/23/23, showi ng Kevin Monson as attorney for Plaintiffs, and he is the attorney of record in this lawsuit, asserts (1) breach of contract; (2) promissory estoppel; (3) unfair business practices; and...

2024.03.11 Demurrer 189
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.11

Excerpt: ...rmities during t he warranty period, including engine and body defects. On ﬁve occasions, Plaintiffs delivered the Subject Vehicles to authorized repair facilities, including Defendant Saul Chevrolet, Inc. dba Cardinaleway Volkswagen (“Cardinaleway”). Plaintiffs allege th at Defendants were unable to repair the defects, but refused to repurchase the Subject Vehicle in compliance with the Song Beverly Act. On 1/12/24, Plaintiffs ﬁled their...

2024.03.08 Motion to Compel Responses, for Sanctions 734
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.08

Excerpt: ...l responses from Plaintiff to form interrogatories and requests for production of documents. First Team contends that it served the discovery at issue on11/17/23. No responses have been provided. It seeks sanctions in the amount of $900.00 for each motion. In opposition, Plaintiff contends that the motions were ﬁled before responses were due. They provided responses on 2/6/24. As such, these motions are moot. Plaintiff asserts that sanctions sh...

2024.03.07 Motion to Quash Service of Summons 688
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.07

Excerpt: ...e a motion to quash service of summons on the following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. CCP §418.10(d) provides that a motion to quash ﬁled by a defendant is not a general appearance. This motion must be made on or before the last day to plead “or within any further time that the court may for good cause allow ….” (CCP §418.10(a)(1).) When a defendant challe...

2024.03.07 Motion for Summary Judgment, Adjudication 841
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.07

2024.03.07 Motion for Determination of Good Faith Settlement 175
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.07

Excerpt: ...ntiffs, tog ether with Defendants Walter Jones III (“Jones”) and Mark Douglas (“Douglas”), put together a business plan to form and operate Green America, Inc. In 2018, Douglas and Jones unilaterally converted Green America from a non- proﬁt mutual beneﬁt corporation to a general stock corporation by reﬁling a Restated Articles of Incorporation with the Secretary of State, which removed Plaintiffs from the business, divesting them o...

2024.03.07 Demurrer, Motion to Strike 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.07

Excerpt: ... vehicle is equipped w ith a defective Hydra-Matic 8L90 transmission. (Id.) The vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty covering the engine and the transmission, and various emission warranties. (FAC, ¶ 9.) Before purchasin g the subject vehicle, Plaintiff communicated directly with a sales rep at Rotolo and speciﬁcally inquired about the transmission in the vehicle and whether any prior is...

2024.03.06 Motion to Amend Judgment 590
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.06

Excerpt: ...ction ar ises out of a business deal between Plaintiffs JTLH Enterprises, LLC (“JTLH”); Jeffery Heimer; Linda Heimer; and Tyler Heimer (collectively, “Plaintiffs”) and numerous Defendants named in this case. Plaintiffs' action is based on seven causes of action as alleged in their Second Amended Complaint (“SAC”), which is the operative pleading: (1) Account Stated; (2) Money Had and Received; (3) Action for Rescission; (4) Breach of ...

2024.03.04 Motion to Tax Costs 783
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.04

Excerpt: ...99.58 reduced by $11,925 to $266,902.83 Item No. 11 (court reporter fees) is reserved for Plaintiff to provide evidence to support that it was necessary to expedite ﬁnal transcripts. Hearing on this sole issue is set for 4/5/24 at 8:30 a.m., Department 5. Plaintiff to provide her Supplemental Declaration at least 16 court days Page 9 of 12 before the hearing and Defendant to provide a Supplemental Reply, if any, at least 5 court days before the...

2024.03.04 Motion for Preliminary Injunction 396
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.04

Excerpt: ...i and Si Li u and their agents, employees, officers, representatives, successors, partners, assigns, and those acting in concert or in participation with them, whether acting directly or through a corporation, subsidiary, division, or other device from: 1. Receiving, using, or transferring any funds resulting from the proceeds of any sale, including any foreclosure sales, (collectively, “Funds”) of the following properties: 6286 Nobury Ct., E...

2024.03.04 Demurrer to FAC 280
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.04

Excerpt: ...Cotta Street in Lake Elsinore, for which they obtained a loan on 6/26/07 secured by a Deed of Trust (DOT.) The property also has a second mortgage for $50,000, which was recorded on 6/26/81. Plaintiffs allege that Defendant, PLM Lender Services, Inc. (PLM) is the c urrent servicer of the loan. PLM allegedly issued a Notice of Default (NOD) on 7/5/23. Plaintiffs had ﬁled a Chapter 7 bankruptcy and allege that the second mortgage was included in ...

2024.03.04 Demurrer 964
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.04

Excerpt: ...rroneously named and served as County of Riverside Tax Assessor's Office (the “County”). Plaintiff alleges that on 2/10/23, he paid property tax on the property located at 850 North Florida Street, Banning, California (the “Property”) using the same tax basis his parents used based on his ﬁling of form BOE -58 -AH, Reassessment Exclusion for Property Transfer Between a Parent and Child (“Reassessment Exclusion Claim”). (Complaint at...

2024.03.01 Motion to Tax Costs 072
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.01

Excerpt: ...r a total reduction of $10,186.63. Factual and procedural background: On 11/1/20, a vehicle driven by Plaintiff George Adams (“Plaintiff”) crashed into the rear of a parked vehicle owned and/or operated by Defendants Tom Chow and SPR Logistics, Inc. (“Defendants”). Plaintiff alleges that Defendants' vehicle was negligently parked so as to cause the accident. Plaintiff suffered personal injuries. On 6/22/21, Plaintiff ﬁled his Complaint ...

2024.03.01 Demurrer 844
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.01

Excerpt: ...y Wash Bri dge 560168R (bridge) in Whitewater. Plaintiff alleges that on 2/15/23, the premises were in a dangerous condition that created a substantial risk of the type of injury he sustained. Plaintiff alleges he was a passenger in a vehicle driven by Veronica Rivas , who was driving eastbound on I -10 when she hit a black object in her lane that she could not avoid. The black object was the bottom of an orange plastic traffic/construction drum ...

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