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2024.02.29 Motion for Leave to File Complaint 974
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.29
Excerpt: ... value/work, labor and services; and (6) foreclosure of mechanics lien. In the Complaint, SIS alleges that on 8/29/22, it and the Tolivers entered into a written agreement, pursuant to which SIS provided emergency water damage repair work at the Tolivers' property (the “A g r e ement”), located at 386 Yellowstone Circle, Corona, California (the “Property”). (Complaint at ¶ 6.) SIS performed all conditions and obligations required of it u...
2024.02.29 Demurrer, Motion to Strike 212
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.29
Excerpt: ...ly Act – Breach of Express Warranty; (2) Violation of Song -Beverly Act – Breach of Implied Warranty; (3) Violation of Song -Beverly Act, Section 1793.2; and (4) Fraud -Fraudulent Inducement – Concealment. Page 4 of 7 Defendant demurrers to the fourth cause of action for Fraud -Fraudul ent InducementConcealment on grounds of failure to state facts sufficient to constitute a cause of action pursuant to CCP § 430.10 (e) and because the claim...
2024.02.28 Demurrer, Motion to Strike 927
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.28
Excerpt: ...tes. 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 pr...
2024.02.27 Motion to Compel Further Discovery Responses, for Sanctions 167
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.27
Excerpt: ...ited to the documents used in connection with Plaintiffs' claims; and Nos. 28, 32 -33, and 36, with the requests limited to documents used by GM to determine whether to make a prelitigation offer to repurchase Plaintiffs' vehicle, and what to include in that offer. De nied as to the remaining RFPs. Deny the request for sanctions. The documents are to be produced within 30 days of this order. Factual and procedural background: On 3/6/23, Plaintiff...
2024.02.27 Motion for Attorney Fees 662
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.27
Excerpt: ...ently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs.” (Id.) Hearing on this matter is continued to 3/27/24 at 8:30 a.m., Dep artment 5 to allow Defendant to provide information to support his assertion that he is indigent. Factual and procedural background: This matter went to trial in July 2023....
2024.02.26 Demurrer, Motion to Dismiss 734
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.26
Excerpt: ... acted as their agents. The Neros countered Ikonte's offer, which was accepted by Ikonte. Ikonte alleges that he was later notified by Hundal and First Team that the seller was backing out and accepting another offer. Ikonte demanded that the Neros perform under the agreement, they refused to do so. The complaint was filed on 12/23/20 and asserts the following causes of action: (1) specific performance for breach of contract, (2) damages for b...
2024.02.22 Motion for Attorney Fees 575
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.22
Excerpt: ...cent Hospital , Inc. Defendant's default was entered and a default judgment was filed on 4/12/23. On 8/10/23, ACNAR filed a motion to add non- party Magave Care Inc. (Magave) as a judgment debtor via successor liability under CCP § 187. Magave filed an opposition. The Court issued a tentative ruling to deny the motion. At the hearing on 10/10/23, the court heard oral argument and adopted its tentative, denying the CCP § 187 request. Magave m...
2024.02.21 Motion to Compel Further Responses, for Sanctions 099
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.21
Excerpt: ...ned total rea sonable amount of $4800.00 payable by Defendant to Plaintiff. Factual and procedural background: Plaintiff began working for Defendant as a yard truck driver in January 2022. On 7/28/22, Plaintiff was injured when a pallet of four mini refrigerators fell out of a shipping container and dropped on Plaintiff's shoulder. Additionally, the shipping container door swung open and hit Plaintiff's ribcage. Plaintiff continued working for th...
2024.02.15 Motion for Attorney Fees 154
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.15
Excerpt: ...ffs”) purchased a 2013 Jetta City (“subject vehicle”), which was manufactured or distributed by Defendant Volkswagen Group of America, Inc. (“Defendant”). Defendant provided warranties with the subject vehicle. Plaintiffs allege that the subject vehicle developed nonconf ormities and defects, including engine defects, during the warranty period. Plaintiffs delivered the subject vehicle to authorized repair facilities, but Defendant's ag...
2024.02.14 Demurrer to FAC 038
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.14
Excerpt: ...s. Factua l and procedural background: Plaintiff filed its original Complaint on 8/23/23, sought injunctive relief for violation of the Immigration Consultant Act. Defendants Delia Gomez Bazan and Azteca Taxes & Auto Insurance Services, LLC. The First Amended Comp laint was filed on 9/14/23. Defendants demur to the entire FAC on grounds that it fails to state facts sufficient to constitute a cause of action, fails to allege any actionable alleg...
2024.02.08 Motion to Strike 353
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.08
Excerpt: ...olkswagen ID4 at or near the intersection of SR62 and I-10 while heavily intoxicated, crashed into the back of Grace, who was driving a motorcycle, and then continued forward colliding with a guardrail. (Complaint, ¶¶ 3-14, 22-25.) As a result of the collision, Grace was severely injured. (Complaint, ¶¶ 15, 26-30.) Schumacher was arrested at the scene for driving under the inßuence of alcohol/drugs. (Complaint, ¶ 16.) The Complaint sets for...
2024.02.07 Demurrer 649
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.07
Excerpt: ... by Defendants from January 2014 to April 2017. (Complaint, ¶¶ 7-8.) Plainti¯s allege that during their tenancy they repeatedly complained to Defendants about maintenance of the septic well/tank and repeatedly requested that Defendants change the water Þlters connected to the Property in order to avoid contamination of the water from harmful bacteria. (Complaint, ¶¶ 12.) However, Defendants ignored Plainti¯s' requests and failed to maint...
2024.02.07 Demurrer to FAC 035
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.07
Excerpt: ...icial notice may be taken of “[f]acts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evidence Code, §452(h).) Such facts and proposition may include the parties' contract. (Salvaty v. Falcon Cable Television (1985) 165 Cal.App.3d 798, 800.) Granted as to Exs. B-C (Plainti¯'s discovery responses). “[A] complaint'...
2024.02.06 Motion for Attorney Fees 883
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.06
Excerpt: ...ll expenses including upgrades, and within 30 days of closing, Defendant agreed to execute a new grant deed naming Plainti¯ and Defendant as joint tenants in common with each holding a 50% ownership interest in the real property. Defendant did not execute the new grant deed, and Plainti¯ Þled a lawsuit seeking speciÞc performance of the Agreement and obtained a judgment stating that Plainti¯ is a tenant in common with a 50% ownership in t...
2024.02.06 Demurrer to SAC 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.06
Excerpt: ...alleges that defendant Jea So (“Defendant” or “So”) swindled him out of his retirement savings by convincing him to invest in her company, defendant 100Bio, LLC (“Company”). (Second Amended Complaint (“FAC”), ¶¶ 8, 9.) Plainti¯ alleges So represented that she was well experienced in the biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (Id., ¶ 10.) Defendant So was the founder ...
2024.02.02 Motion to Stay Action 950
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.02
Excerpt: ...cts that Thor's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled ...
2024.02.02 Motion for Judgment on the Pleadings 369
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.02
Excerpt: ...Reel Fathers Rights (“RFR”) and Mark A. Reel, Jr. (“Mr. Reel”) (collectively, “Defendants”) in April 2022 as a Managing Attorney of RFR, a law Þrm dedicated to representing fathers in family law matters. (Complaint (Compl.) ¶¶ 8–10.) Plainti¯ executed an Employment Agreement on 4/21/2022, and began working for Defendants on 5/2/2022. (Id. at ¶¶ 10–11.) Under the Employment Agreement, Plainti¯ was to be provided 10% equity...
2024.02.01 Demurrer 227
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.02.01
Excerpt: ...side, Inc., Riverside Healthcare Systems, L.P. as a resident physician at Riverside Community Hospital in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plainti¯ alleges the defendants discriminated against her based on age, sex, national original, religion, race and disability, i.e., as a Persian woman of the Muslim faith over 40 years old, su¯ering from a spinal defect. She alleges that individ...
2024.01.31 Demurrer, Motion to Strike 914
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.31
Excerpt: ... of GM. (FAC at ¶ 4.) The vehicle, and the transmission it contained, were manufactured by GM. (FAC at ¶¶ 4, 14, 16.) GM provided a full warranty of the vehicle and all its parts. (FAC at ¶¶ 9-10.) The vehicle was equipped with a defective Hydra-Matic 8L90 transmission (“transmission”). (FAC at ¶ 4.) GM knew the transmission had defects and failed to Þnd the cause or Þx those defects. (FAC at ¶ 4.) Despite this, GM marketed the trans...
2024.01.31 Application for Right to Attach and Writ of Attachment 335
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.31
Excerpt: ...and this indemniÞcation action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. On 10/20/23, Plainti¯ Þled an application for writ of attachment. The amount to be secured by the attachment is $53,664.60 which includes estimated co...
2024.01.29 Motion to Stay Action 950
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.29
Excerpt: ...r's authorized repair facilities failed to conform with express and implied warranties. On 8/1/23, Plainti¯s Þled the complaint alleging a single cause of action for violation of the Song-Beverly Consumer Warranty Act, Civil Code § 1790 et. seq.. Defendant moves to stay the matter under CCP §410.30 on the grounds of inconvenient forum due to a mandatory forum selection clause in the warranty that requires all actions to be Þled in Indiana. ...
2024.01.29 Demurrer, Motion to Strike 670
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.29
Excerpt: ...), alleging (1) wrongful termination in violation of Lab. Code § 1102.5(b); (2) wrongful termination in violation of Labor Code (Lab. Code) § 6310(a)(1); (3) wrongful termination in violation of Lab. Code § 98.6; (4) wrongful termination in violation of public policy; (5) failure to provide meal periods; (6) failure to provide rest periods; (7) failure to pay minimum wage; (8) failure to reimburse expenses; (9) failure to pay Þnal wages; and ...
2024.01.29 Demurrer to FAC, Motion to Strike 988
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.29
Excerpt: ...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 Directors, 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 the Board Members failed...
2024.01.26 Demurrer, Motion to Strike Punitive Damages 232
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.01.26
Excerpt: ...l.App.4th 690, 697.) Factual and procedural background: Plaintiff purchased a 2019 Chevrolet Silverado on 8/10/19 from Riverside Chevrolet. Plaintiff alleges the vehicle was equipped with a defective Hydra-Matic 8L90 transmission. (First Amended Complaint Plaintiff generally alleges that GM permitted its vehicles equipped with defective Hydra-Matic 8L90 transmissions to be placed into the stream of commerce despite knowing there were a myriad of ...
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...

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