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2024.05.13 Demurrer on TAC 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.13
Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...
2024.05.10 Motion for Summary Judgment, Adjudication 335
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...
2024.05.10 Motion for Judgment on the Pleadings 523
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...dants, Ford Mo tor Company (“Ford”) and Raceway Ford (together “Defendants”) asserting the following causes of action: (1) violation of Civ. Code § 1793(d) [against Ford only]; (2) violation of Civ. Code § 1793(b) [against Ford only]; (3) violation of Civ. Code § 1793(a) (3) [against Ford only]; (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement – concealment [against Ford only]; and ...
2024.05.10 Motion to Compel Further Responses 141
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.10
Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...
2024.05.09 Motion to Vacate or Set Aside Dismissal 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...y FM Resta urants El Torrito OPOC, LLC (“El Torrito”). She contends she was injured when an employee carrying a tray negligently hit Plaintiff in the head with the tray. The complaint asserts one cause of action for negligence. Plaintiff's counsel failed to appear a t a trial setting conference, which resulted in the Court setting an OSC as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for failure to appear at th...
2024.05.09 Demurrer, Motion to Strike 645
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.09
Excerpt: ...has additional facts that could withstand a further demurrer, the Court shall sustain, without leave to amend, as to the 1st, 3rd and 5th causes of action. As to the motion to strike, the Court denies the motion to strike as to Request 1. Because the Court has su stained the demurrer as to certain portions, Requests 2, 4, 5, and 6 are moot. The Court grants the motion as to Request 3 (punitive damages) without leave to amend unless Plaintiff has ...
2024.05.08 Anti-SLAPP Motion to Strike 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.08
Excerpt: ...ly to Defe ndants' new evidence in the Reply by 5/22/24. The Court will accept no further briefing. Factual / Procedural Context This is a breach of contract case. Plaintiffs Adam Camacho and Martial Science Media, LLC (“Plaintiffs”) assert fifteen causes of action for: (1) Breach of Contract; (2) Common Count: Reasonable Value of Work, Labor, and Services (Quantum Meruit); (3) Common Count: Work, Labor, Services and Materials; (4) Unjust E...
2024.05.07 Demurrer on FAC 133
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.07
Excerpt: ... Resort. C ity of Palm Springs police officers (“City”) came to the residence and eventually arrested Plaintiff using excessive force and caused Plaintiff to suffer serious injuries. Plaintiff alleges that the police officers had a duty to keep him safe, even while a rresting him, and that the City is liable for the officers' conduct. Plaintiff filed his operative First Amended Complaint (FAC) on 3/1/24 alleging three causes of action: 1) ne...
2024.05.06 Demurrer on FAC 996
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.06
Excerpt: ...tements pri or to that date. Factual/Procedural Context On September 17, 2020, Plaintiffs Paula Lee and Dylan Lee (“Plaintiffs”) entered into a warranty contract with Defendant Ford Motor Company (“Defendant” or “FMC”) regarding a 2020 Ford F150. (First Amended Complaint [“FAC”] ¶ 8, Ex. A.) Plaintiffs allege that the subject vehicle came with known defects, including transmission defects, electrical defects, suspension defects, ...
2024.05.01 Motion for Protective Order, to Compel Further Responses 333
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ng: The Co urt grants the motion for motion for a protective order, and denies the motion to compel inspection. The Court grants the motion for special interrogatory no. 68 – said responses due in 10 days. The Court finds the remaining interrogatories are moot. The Court denies the remaining requests for production, requests for admission and form interrogatory. The Court denies the request for sanctions. Factual / Procedural Context Plaintiff...
2024.05.01 Demurrer 252
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...ays leave to amend. Page 8 of 13 The Court declines to consider the demurrer on the 3rd cause of action, which is not alleged against moving cross - defendant. Factual / Procedural Context On November 20, 2023, Plaintiff Assef Sarage (“Assef”) initiated this actio n by filing the Complaint against defendants Evolution Mechanical, Inc. (“Evolution Mechanical”), Evolution Limo Service LLC (“Evolution Limo”) and Dennis M. Murray, Jr. (�...
2024.05.01 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...of equipment, materials, and supplies used in the construction industry. Defendant Orange Coast Concrete Inc. contracted with Plaintiff for the delivery of materials to 1695 Foothill Parkway, Corona, California 92881 (the “Property”), owned by Defendants Roberto Morales, Alondra R amirez (“Ramirez”), and Ralph Hernandez (“Hernandez”). Defendant failed to pay for the materials. On December 3, 2021, Plaintiff filed its complaint allegi...
2024.05.01 Motion to Strike Complaint 377
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.05.01
Excerpt: ...intiff seeks punitive damages against Schlinkert and Stoner. In the Complaint, Plaintiff alleges that on May 11, 2021, she was a passenger in a vehicle that came to a stop on Perris Boulevard, in Moreno Valley, California, due to traffic ahead. (Complaint at ¶ GN- 1.) Schlinkert, who was driving under the influence of alcohol and at an excessive rate of speed, collided with a vehicle driven by Stoner, who was also driving under the influence o...
2024.04.30 Motion to Compel Arbitration 125
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.30
Excerpt: ...o, with a completion date of 7/31/20. Plaintiffs allege they were targeted by Wanhoo as first -time buyers, and were promised a newly built home, which was not delivered. Plaintiffs allege that Wanhoo intended to defraud Plaintiffs of their initial deposit and had n o intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the Agreement erroneously claiming that Plaintiffs “failed to deposit into escrow written ver...
2024.04.24 Motion for Summary Judgment 127
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.24
Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...
2024.04.24 Demurrer, Motion to Strike 801
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.24
Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...
2024.04.23 Demurrer 020
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.23
Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...
2024.04.18 Motion for Summary Judgment 076
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.18
Excerpt: ...of Undisputed Materia l Fact [“FSS”] ¶ 1.) On October 1, 2012, Fracasse, through his attorneys, recorded an abstract of judgment in the Office of the County Recorder of Riverside County. (Id. at ¶ 2.) That abstract of judgment acted to create a judgment lien on Redmond's real p roperty located at 41750 Avenida Ortega, Temecula, California 92592 (the “Property”). (Id. at ¶ 3.) On or about May 5, 2020, the County of Riverside (the “Cou...
2024.04.18 Demurrer 888
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.18
Excerpt: ...lution of the federal action(s). Either party may seek to restore the case back to active status pending the resolution of the federal action. Facts/Procedure On September 14, 2023, Plaintiff Eric Jerome Phillips filed a demurrer against the County of Riverside and several other County officials, as well as against several doctors and his former attorney, alleging numerous civil rights violations, including the Bane Act, Ralph Civil Rights Act, ...
2024.04.17 Motion for Preferential Trial Setting 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.17
Excerpt: ...ducts li ability, and negligence, and names as defendants (1) Gongco Foods, dba Food 4 Less, the owner of the grocery store and the shopping cart, and (2) The Peggs Company, the company alleged to design and manufacture the shopping cart. The defendants filed answ ers to the original complaint on October 6, 2023 and November 21, 2023; none of them have filed answers to the FAC filed March 13, 2024. There are no crosscomplaints filed nor any D...
2024.04.17 Demurrer, Motion to Strike 555
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.17
Excerpt: ...d confer p rior to filing the demurrer or motion to strike. (CCP §§ 430.41(a), 435.5(a).) The Declaration of Ryan Kay indicates that prior to the filing of the present demurrer and motion to strike, his office attempted to meet and confer telephonically with Plain tiff's counsel to discuss the issues Defendant had with Plaintiff's First Amended Complaint, but unfortunately, were unsuccessful in their attempts. Mr. Ryan declares that he sent e...
2024.04.15 Motion for Leave to File Complaint 211
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.15
Excerpt: ...s Dustin a ttacked him, grabbed and punched him and violently threw him to the ground, resulting in serious bodily injury. Plaintiff has filed this case against Defendants Riverside Unified School District, Dustin Watts and his parents David and Nicole Watts. Defenda nt RUSD now files this Motion seeking leave to file a cross- complaint for indemnity, apportionment and equitable relief against Defendants Dustin, David and Nicole Watts. Page 8...
2024.04.15 Demurrers, Motions to Strike 306
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.15
Excerpt: ...ys leav e to amend. The motions to strike filed on behalf of all defendants is taken off calendar as moot. Factual/Procedural Context This is an action for wrongful death. Plaintiffs Harindarpal Gill aka Harry Gill, as individually and as Successor Trustee of the Gill Trust; Harminder Gill, beneficiary of the Gill Trust; and Tajinder Gill, individually and as Successor Trustee of the Gill Trust (collectively, “Plaintiffs”) are the children ...
2024.04.12 Motion for Summary Judgment, Adjudication 083
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.12
Excerpt: ...“Hannahs”). The plaintiff, Team 1 Restoration, Inc. (“Team 1”), alleges that it performed construction work on the home to restore the property to its condition before the fire. Team 1 alleges the Hannahs failed to pay $31,103.24 of the $122,141.17 they had agreed to pay. Team 1 filed the original complaint on September 2, 2021 and the First Amended Complaint on August 11, 2022, alleging breach of contract, quantum meruit, foreclosure o...
2024.04.10 Demurrer on SAC 487
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.10
Excerpt: ...red a mortgage in both of their names. In November 2008, while still married, Defendant represented that he would be able to refinance the mortgage and obtain a loan with better terms if Plaintiff temporarily transferred her interest in the property to him via an Interspousal Transfer Grant Deed. Defendant represented Plaintiff would continue to own her 50% interest in the property despite the transfer and the property was the marital residence....

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