Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1100 Results

Clear Search Parameters x
Location: Riverside x
Judge: Asberry, Irma x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 238)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 371)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 175,25
Array
(
)
2023.07.20 Demurrer on FAC 027
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.07.20
Excerpt: ...biodegradable foam packaging materials industry and was getting a valuable patent for the Company. (ld„ '1 10.) So was the founder, manager and owned the largest membership interest at 50%. (ld., 13, 15.) Plaintiff acquired a 10% interest in the Company with his investment of $400mo pursuant to a Share Subscription Agreement dated 4/18/17and the Company's Amended and Restated Operating Agreement dated October 2017 ("Operating Agreement"). (ld.,...
2023.07.19 Demurrer, Motion to Strike 680
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.07.19
Excerpt: ... 8ijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until it was sold. Bijah told Plaintiff that she would not receive title of the manufactured home until it was paid off, and title would remain with Diamond Valley. Plaintiff was no longer interested, but later convinced by the maintenance man to trust 8ijah. Plaintiff agr...
2023.07.19 Motion to Determine Good Faith Settlement 604
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.07.19
Excerpt: ... which are the product of a long-time collaboration between inventor Michael Bitensky and Sharon Hoffman, and patent assignor and assignee 8NL (Better Nutritionals, LLC) and Goli. Plaintiff alleges that Goli released fts ACV gummies in April of 2019, and its Ashwa gummies in January of 2021. Defendant, BNL, is a supplement manufacturer located in Gardena and Norco, which manufactures the subject gummies. Plaintiff alleges was contacted by BNL rep...
2023.07.18 Motion for Summary Judgment 057
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.07.18
Excerpt: ... Cross-Defendant owed a contractual duty to defend Crosscomplainant against plaintiffs' lawsuits at the time of tender. Issues Nos. 2 and 3: denied based on procedural defects. Cross-complainant's Request for Judicial Notice: Granted pursuant to Evidence Code S 452(d), (c) and (h) as to all Exhibits except for C and D. Denied asto C and D. Cross-Defendant's Evidentiary Objections: Sustained as to Nos. 1, 2, 4, 7, 8, 12-14 and overruled as to Nos....
2023.07.18 Motion for Attorney Fees 056
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.07.18
Excerpt: ...cedural background: Plaintiff Haydx, Inc. ("Plaintiff") filed the complaint in this breach of contract action on 1/4/18 against defendants Lyndon Ichida and Hayday Farms, Inc. (together, Defendants"). The action proceeded to a court trial. On 9/18/20, the court issued judgment (the "Judgment") in favor of Defendants. On 1/10/23, the Fourth Appellate District, Division Two, of the Court of Appeal affirmed the Judgment. Defendants move for an award...
2023.06.30 Motion for Summary Judgment, Adjudication 421
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.30
Excerpt: ...e of material fact. Objections: Defendant's objections to Response in Opposition Nos. 1 and 2 are sustained. Factual and procedural background: This action arises out of a fire that occurred on 7/28/20, at the storage facility owned by The Salvation Army (TSA), in which Plaintiff's personal properties were allegedly damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC, naming TSA as the sole Defendant. The FAC asserts against TSA a...
2023.06.28 Motion to Compel Further Responses 906
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.28
Excerpt: ...ctions is denied due to the lack of meaningful meet and confer and because Plaintiff's counsel's failure to timely serve supplemental responses was substantially justified by the fact that he was denied access to the files by his former law firm. It appears that Defendant was aware of this situation, and Plaintiff's willingness to supplement, prior to filing the motions. Factual and procedural background: The following factual and legal analysis ...
2023.06.26 Motion to Tax Costs 777
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.26
Excerpt: ...ntiff filed the complaint, alleging violation of Song-Beverly Act, violation of Magnuson Moss Warranty Act and breach of the implied warranty of merchantability. On 10/25/22, the Court granted Defendant's motion for summary judgment based on the statute of limitations, and judgment was subsequently entered on 1/17/23\. Defendant filed a memorandum of costs seeking $3,170.03. Plaintiff now moves to tax costs in the total amount of $1,914.93, chall...
2023.06.22 Motion to Compel Deposition of PMQ 188
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.22
Excerpt: ...that Defendant was unable to fixed these defects and nonconformities after several attempts and has failed to replace the Vehicle. (Compl., "15-12.) The operative Complaint asserts causes of action for: (1) Breach of Implied Warranty under the Song-Beverly Act, (2) Breach of Express Warranty under the Song-Beverly Act, (3) Breach of Express Warranty under the Magnuson-Moss Warranty Act, and (4) Breach of Implied Warranty under the Magnuson-Moss W...
2023.06.22 Motion for Protective Order 232
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.22
Excerpt: ...to flames. Plaintiff alleges the phone was manufactured by defendant Samsung Electronics America, Inc. ("Samsung") and purchased for Royal Cabinets by and through defendant Wireless Watchdogs, LLC ("Wireless Watchdogs" or "Defendant"). On 1/17/23, Plaintiff filed the complaint alleging 1) strict product liability and 2) negligent products liability. Defendant filed the answer on 5/1/23, asserting a general denial and 29 affirmative defenses. On 5...
2023.06.21 Motion to Strike, Demurrer 250
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.21
Excerpt: ...r relief as the Court deems just and proper" may be construed as a request for punitive damages. Legal authorities and analysis: The court may, upon a motion made pursuant to CCP S 435, strike irrelevant, false, or improper matters asserted in a complaint. CCP S 436(a). Additionally, may strike any part of a pleading that does not conform with state laws, rules of court, or court orders. ld. at (b). Motons to strike can be used to attack the entr...
2023.06.21 Motion for Summary Judgment, Adjudication 814
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.21
Excerpt: ...arties agreed to grant and convey to each other certain mutual and reciprocal easements appurtenant to their respective parcels for ingress and easement. ("Original Agreement"). (Complaint, '1 13, Ex. A.) In 2001, the parties amended the Original Agreement ("First Amendment")(togetherwith Original Agreement hereinafter "Easement Agreement"). (Complaint, 14, 17.) Pursuant to the First Amendment, the Deleos granted an access easement on their prope...
2023.06.20 Demurrer on TAC 112
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.20
Excerpt: ...ction for: (1) breach of governing documents and violation of the Davis-Stirling Act, (2) breach of the governing documents and violation of the Davis-Stirling Act (l), (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder, and (5) breach of fiduciary duty (supplemental). 80th Roberts and Gilbert have filed cross-complaints against the Association asserting claims for express indemnity and dec...
2023.06.20 Motion to Compel Arbitration 965
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.20
Excerpt: ...regnancy-related medical condition and retaliated against her when she complained about the lack of accommodation and food safety violations. Plaintiff filed the Complaint on 2/21/23, alleging 1) discrimination; 2) retaliation (FEHA); 3) retaliation (Labor Code S 1102.5); 4) failure to prevent discrimination and retaliation; 5) failure to accommodate; 6) failure to engage in the interactive process; 7) wrongful termination; 8) negligent training ...
2023.06.20 Motion for Attorney Fees 299
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.20
Excerpt: ...ver for that were not properly disclosed and were entirely optional and largely duplicative of pre-existing and coverages that came with the vehicle. Plaintiff also contends the vehicle had defects with its electrical system. Plaintiff's Complaint asserted the following causes of action: (1) violation of Song-Beverly Consumer Warranty Act; (2) violation of Consumers Legal Remedies Act; (3) deceit; (4) negligent misrepresentation, (5) violation of...
2023.06.13 Motion for Summary Judgment 751
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.13
Excerpt: ...the risks inherent in the activity by driving at a high rate of speed in close proximity to Plaintiff's boat. Summary adjudication of the Plaintiff's claim for punitive damages should be denied due to Defendant's failure to file a separate statement in compliance with CRC Rule 3.1350(b). Factual and procedural background: Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that Defendant drove his boat within less than ...
2023.06.12 Motion to Compel Deposition of PMK 561
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.12
Excerpt: ...ear of Plaintiff's vehicle (2019 Nissan Sentra) and vehicles purchased in Southern California and the specific defects cited by Plaintiff, to wit: electrical, structural, and transmission system defects which resulted in symptoms affecting drivability and reliability. However, the Court declines to rule on objections stated by Defendant unless or until Defendant fails to respond at the deposition, after which Plaintiff may move for order compelli...
2023.06.08 Motion to Strike 804
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.08
Excerpt: ...ight and collided with Plaintiffs vehicle. Plaintiff filed the operative Complaint on 2/16/23, alleging: (1) Negligence — Automobile; (2) Negligence — Vehicle Code 517150; and (3) Negligent Entrustment. Plaintiff requests punitive damages for the first and third causes of action. By this motion, Turnstyle asks that the requests for punitive damages be stricken. Plaintiff opposes contending that he plead sufficient facts to support a request f...
2023.06.07 Motion for Attorney Fees 962
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.07
Excerpt: ...dismissed Dyami. Defendants McCoy, Pacheco and Coldwell Banker settled and the court granted good faith settlement on 10/6/20. Plaintiffs dismissed these Defendants on 11/3/20. This resulted in a bench trial and on 9/13/21, the court found in favor of Plaintiffs for $8,628.08. On 9/22/21, Plaintiffs filed a memorandum of costs for $7,141.00. The Court granted a motion to offset the $8,528.08 judgment against Darren Vaught and struck the costs sou...
2023.06.05 Motion to Compel Further Responses 521
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.05
Excerpt: ...ngle cause of action for negligence. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One, Nos. 1-15. Plaintiff argues the responses are not Codecompliant. Defendant opposes and argues further responses and documents were served on 5/19/23 as such the moton is moot. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production of Documents, Set One,...
2023.06.01 Motion for Leave to File Complaint 216
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.06.01
Excerpt: ...ces, materials and equipment furnished. Defendant answered on 7/7/22. Trial is set for 10/20/23. Defendant moves for leave to file a compulsory cross complaint against Plaintiff pursuant to CCP 5426.50 and 5428.50 on the grounds that there is cause for defendant to bring various causes of action against plaintiff, that the motion is brought in good faith, and that it is in the interest of justice that the court grant it. The moton contains some i...
2023.05.31 Motion to Compel Further Responses 561
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.05.31
Excerpt: ... injured and required extensive medical treatment as a result of her slip and fall on a grape in the produce secton of Rio Ranch Market on 8/27/20. Defendant served Plaintiff with Requests for Production of Documents on 12/19/22. Plaintiff served her responses on 1/20/23. Defendant believed Plaintiff's responses were insufficient. The parties met and conferred. The instant motion to compel followed. Defendant seeks an order to compel further resp...
2023.05.30 Motion to Compel Arbitration 722
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.05.30
Excerpt: ...t (FCA); (7) negligent repair (Moss). They allege that the vehicle had multiple defects including the electrical system, loss of power, causing hesitation, requiring updating/reprogramming of the powertrain control module and/or transmission control module, vehicle jerking, fuel pump module, jolt upon shifting, etc. Defendants filed separate motions to compel arbitration based on the arbitration agreement in the RISC. They argue Felisilda applies...
2023.05.30 Motion for Summary Judgment, Adjudication 772
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.05.30
Excerpt: ...and 7th causes of action. Denied as to the 4th, 6th, and 8th causes of action. Request for Judicial Notice: Granted Plaintiff's Request for Judicial Notice of the existence of the court records as RJN Nos. 1-7, Exs. "1"-"7" and of the truth of the court orders and RJN Nos. 4-5, Exs. "4"-"5". Evidentiary objections: Plaintiff's Objection Nos. 1, 11, and 20-22 are overruled. Plaintiff's Objection Nos. 2-5, and 13-15 are sustained. Defendants' Evide...
2023.05.25 Motion to Strike, Demurrer 122
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.05.25
Excerpt: ...rike out irrelevant, false or improper matter, or "any part of any pleading not drawn or filed in conformity with the laws ofthis state, a court rule, or an order of the court." (CCP 5436.) To support a demand for punitive damages under Civil Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civil Code S3294(c). As defined in the statute, malice is "conduct which is intended by the defendan...

1100 Results

Per page

Pages