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2023.08.15 Motion to Vacate Default 162
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.15
Excerpt: ...al / Procedural Context: Plaintiff Rick Romandetta is the son of decedent Louise Romandetta. Decedent was recovering from strokes, hypertension and atrial fibrillation. Doctors prescribed Xarelto on a daily basis to treat her atrial fibrillation and prevent future strokes. Decedent received home health care services by Defendant Equanimity Hospice & Palliative Care ("Equanimity"), where lead care was designated to Defendant David Fukada, M.D. Dec...
2023.08.15 Demurrer 402
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.15
Excerpt: ...aj Kumar Pandey formed the corporate entity. Plaintiff purchased a new commercial truck that was financed through Opportunity Fund, who demanded that the truck be put in the name of the party with a valid Commercial Driving License. Only Defendant Pandey had the license and the parties agreed to put the truck in Defendant's name, which was formalized in a Tractor Lease Agreement. Since the truck was in Defendant's name, he leveraged this to incre...
2023.08.10 Motion for Relief from Waiver of Jury Trial 365
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.10
Excerpt: ...ge 7 of 7 causes of action for 1) quiet title, 2) cancellation of written instruments, 3) declaratory relief, 4) negligence, 5) equitable indemnity, and 6) contribution. This case was consolidated with CVR12000792, Citizens Business Bank v. Michael Glenn Smith, Allison Campbell-Smith, and Renfeng Wang, seeking three counts of breach of guaranty claims and a fourth claim for unjust enrichment. Plaintiffs assert that they first requested a jury tri...
2023.08.10 Motion for Inspection Application 444
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.10
Excerpt: ...he application to the extent it seeks a) an inspection in the absence of owners/occupants b) forcible entry and/or c) demolition or destruction of any portion of the property, including but not limited to walls or flooring. The Court orders the City to submit a revised proposed inspection warrant in accordance with this ruling within 5 days. Factual / Procedural Context: This is a nuisance abatement action relating to commercial property located ...
2023.08.08 Motion for Summary Judgment, Adjudication 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.08
Excerpt: ...ve damages. Plaintiffs' evidentiary objections as to Jayco Sustain: #s 1, 2, 3, 5, 8, 9 Overrule: #s 4, 6, 7 Plaintiffs' evidentiary objections as to MORryde Sustain: # 1, 2, 3, 6 Overrule: # 4, 5 Facts/procedure This is an action for product liability concerning a recreational camper, more specifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufac...
2023.08.08 Demurrer on FAC 012
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.08
Excerpt: ...rs/offcers at various tmes between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, i.e., Riverside Juvenile Hall and Indio Juvenile Hall. (First Amended Complaint ("FAC"), 2-4, 52-81.) Plaintiffs allege 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 we...
2023.07.31 Motion to Quash Subpoena 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.31
Excerpt: ...LC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...
2023.07.31 Motion to Compel Responses 651
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.31
Excerpt: ...ars to have been necessary to secure responses, even if responses are sent, Plaintiff is awarded $1,050 for three hours at $350 per hour against counsel, not the party, to be paid in 90 days. Factual / Procedural Context: This is a vehicular collision/personal injury case. Plaintiff Kevin Ceballos Herrera ("Plaintiff") alleges that on October 5, 2021, his vehicle was struck by a vehicle that was owned and operated by Defendants Yolani Murillo ("M...
2023.07.27 Motion to Compel Further Responses 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.27
Excerpt: ...ation as to the supplemental responses. If no supplemental responses have been served, then the Court grants the motion as to Requests Nos. 12, 13, 30, 32, 33, 42, 43, 44. The Court denies as to No. 34. The Court denies the request for monetary sanctions. Factual / Procedural Context Plaintiff Sunil Sujan, M.D. ("Sujan") was a physician with admitting privileges at UHSCorona, Inc. dba Corona Regional Medical Center ("CRMC"). Sujan contends that w...
2023.07.26 Motion to Compel Responses 609
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.26
Excerpt: ...n, and the tailgate, "among other defects and non-conformities." (Complaint, 915.) Defendant propounded discovery on December 7, 2022 that included the first set of special interrogatories. Responses were served on February 9, 2023 with the verification served February 14, and the parties then began meeting and conferring. On April 28 this motion was filed, seeking further responses to 18 of the special interrogatories. On July 12, plaintiff serv...
2023.07.25 Motion for Reconsideration 973
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.25
Excerpt: ...posed motions to compel Plaintiff to respond to Requests for Production and Form Interrogatories. The court further imposed monetary sanctions against Plaintiff in the total amount of $970. Notice of entry was filed and served on June 7, 2023. * * * Plaintiff now moves for reconsideration of the award of sanctons and argues that she was not aware that she had to check the tentative ruling and then call to schedule oral argument. Plaintiff further...
2023.07.25 Demurrer, Motion to Strike 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.25
Excerpt: ...tative Ruling: The Court overrules the demurrer to the 2nd cause of acton. The Court denies the motion to strike. Factual/procedural Context: This is an action under the Song-Beverly Act in which Plaintiffs Rosalba Suarez Gonzalez and Oscar Sanchez Hernandez allege two causes of actions against American Honda Motor Co., Inc. for 1) breach of express warranty, and 2) fraudulent inducement/concealment. Page 3 of 7 Defendant American Honda Motor Co�...
2023.07.24 Motion to Vacate Order on Unserved Motions to Deem RFAs Admitted 227
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.24
Excerpt: ... owned by Debtor Mainstream Investments, Inc. ("Debtor" or "Mainstream") under California's Uniform Voidable Transactions Act (UTVA). The sole remedy sought by Plaintiffs in this action is for awidance of the transfer, i.e., return of the property back to the Debtor so that Plaintiffs may collect upon a prior Judgment against the Debtor. (See Verified First Amended Complaint, Prayer for Relief ("FAC").) As alleged in the FAC, from December 8, 201...
2023.07.21 Motion to Enforce Settlement, to be Relieved as Counsel 367
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.21
Excerpt: ...ed, but Plaintiff did not, and the Court granted GCE's motion for dismissal. Plaintiff's motion was thus continued to today's date. As such, with respect to Plaintiff's motion, the Court is inclined to grant the motion to enforce the settlement, but orders Plaintiff to appear to discuss whether the Court should order a Judgment pursuant to the terms of the agreement, or some further order. With respect to prejudgment interest, the Court has no in...
2023.07.21 Motion to Compel Arbitration 340
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.21
Excerpt: ...l / Procedural Context: This is an employment dispute. On May 3, 2023, Plaintiff filed a Complaint against Defendants, alleging (1) discrimination in violation of FEHA, (2) hostile work environment harassment in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to provide reasonable accommodation in violation of FEHA, (5) failure to engage in the interactive process in violation of FEHA, (6) failure to prevent discrimination, h...
2023.07.20 Motion to Compel Arbitration 624
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.20
Excerpt: ...6- 7). Plaintiff then alleges that various defectors or nonconformities manifested within the warranty period and that defendant has failed to replace or make restitution. Defendant now moves to compel arbitration, citing the arbitration clause in the retail installment sales contract plaintiff entered into with the seller, Spreen Honda. Citing to Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 498, defendant contends that the causes of acton ...
2023.07.20 Motion for Summary Judgment 645
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.20
Excerpt: ...n on October 13, 2021 against defendant Loma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Dr. Jessie Rollins ("Dr. Rollins"), a primary-care physician. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, '1 14.) X...
2023.07.19 Motion for Leave to File Under Seal 367
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.19
Excerpt: ...and 27-28; 2. Page 4, lines 1-4, 5-20, 21-26, and 27; 3. Page 5, lines 1-4, 5- 10, 11-23, 24, and 25; 4. Page 6, lines 1, 2, 11, and 20; 5. Page 7, lines 14- 15, 17, 18, 19, 22, 23-24, and 26- 27; 6. Page 8, lines 1- 2, 11- 20, 21, 23, 26, and 27; 7. Page 9, lines 1, 4-5, and 22; 8. Page 10, lines 2- 3; 9. Page 11, lines 1, and 13- 14; 10. Page 12, lines 6, 7, 10, and 27-28; 11. Page 13, lines 1-8, 10, 11, 12, and 26-28; 12. Page 14, lines 1-7, 9...
2023.07.19 Demurrer to SAC 154
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.19
Excerpt: ..., 14th, and 17th causes of action for (1) Survival Acton: Negligence; (2) Wrongful Death: Negligence; (3) Survival Action: Negligent Hiring, Training, Supervision, and/or Retention; (4) Wrongful Death: Negligent Hiring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. With respect to Caltrans' demurrer, the demurrer is overruled. Caltrans shall file an answer within 10 days after Plaintifffiles their amended compla...
2023.07.18 Motions to Stay Arbitration of Non-Arbitrable Statutory Defense, to Compel Arbitration 309
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.18
Excerpt: ...' subcontract. Although the instant action for declaratory relief seeks judicial determination of issues that concerns the legality of the parties' subcontract, and such "issue is one for judicial determination upon the evidence presented to the trial court" (Loving & Evans v. Blick (1949) 33 Cal.2d 603, 609), Plaintiff AVL has not submitted evidence demonstrating that the illegality of the contract to justify denying the motion. The Court orders...
2023.07.18 Motion to Enforce Settlement, Joinder 367
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.18
Excerpt: ...respect to prejudgment interest, the Court has no information as to the amount of prejudgment interest, and thus orders counsel to appear. The Court shall grant attorneys' fees and costs pursuant to the terms of the Settlement Agreement in the amount of $3,065.00, but not pursuant to CCP S 128.5. The Court imposes sanctions only against Kamran Staffing, not defense counsel. With respect to GCE International's joinder, the Court grants the motion ...
2023.07.18 Motion for Summary Judgment 645
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.18
Excerpt: ...oma Linda university Healthcare System (Loma Linda University Medical Center — Murrieta) ("LLUMC") and several physicians, including defendant Alvin Leroy Hensel, M.D. ("Dr. Hensel"), a board-certified radiologist. Plaintiff alleges that her father, Gregory Gene Boyd ("Decedent"), woke up on September 15, 2020 experiencing chest pain, shortness of breath and swelling in his lower extremities. (Complaint, 14.) X-rays taken at LLUMC revealed flui...
2023.07.18 Demurrer to FAC 633
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.07.18
Excerpt: ... medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of achon for professional negligence. The Court sustained a demurrer to Plaintiff's Complaint on 3/8/23 with leave to amend. Defendants...
2023.06.23 Petition for Writ of Mandate 209
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.06.23
Excerpt: ...ecision of an administrative body. The Court orders the parties to appear to discuss how the cross-petition should proceed. Factual / Procedural Context: Real Party in Interest/cross- Petitioner Brenda Chavez ("Chavez") was employed by petitioner/Cross-Respondent Riverside Unified School District ("District") in 2005. At all relevant times, Chavez was permanent certified employee working as an Early Childhood Special Education Preschool Teacher a...
2023.06.23 Motion for Summary Judgment 686
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.06.23
Excerpt: ... ("FCA") provided express and implied warranties. (Compl. 15) Plaintiffs allege that FCA was unable to conform the vehicle to warranty and refused to provide any relief under the Song-Beverly Act as required. (Compl. 19.) On August 16, 2021, Plaintiffs filed a Complaint against Defendants FCA and Moss Bros. CJD, Inc., alleging (1) breach of express warranty—violation of Song-Beverly Act, (2) breach of implied warranty—violation of Song-Beverl...

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