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2024.04.09 Petition to Compel Arbitration 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...
2024.04.09 Motion to Compel Further Responses 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.09
Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...
2024.04.08 Motion to Strike 807
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...
2024.04.08 Motion to Strike 675
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...
2024.04.08 Motion to Set Aside Default 506
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...
2024.04.08 Motion to Quash Deposition 211
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.08
Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...
2024.04.05 Motion to Compel Further Responses 103
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...nal appearan ce next week, regardless whether either side requests oral argument on the motion, the Court shall order the parties to appear to address the TSC. Factual / Procedural Context: This is a personal injury action arising out of a motor vehicle accident that o ccurred on January 13, 2022. Jonathon Lee Byrd (“Plaintiff”) alleges that he was a passenger in a vehicle driven by defendant Mark Hansen (“Defendant”). While driving eastb...
2024.04.05 Motion to be Relieved as Counsel, for Assignment Order 497
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.05
Excerpt: ...in 5 court days. Overall Factual/Procedural Context On February 26, 2007, Plaintiffs Martha Clohecy and Darcy L. Clohecy (“Plaintiffs”) filed a Complaint against multiple Defendants, including Marlene Z. Robertson (“Robertson”), alleging (1) Dependent Adult Abuse, (2) Negligence (Custodial Care), (3) Fraud (Misrepresentation and Concealment), and (4) Violation of Patients' Rights (Health & Safety Code § 1430). On March 13, 2009, the Cou...
2024.04.04 Motion for Protective Order 182
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.04
Excerpt: ...igin/religious hara ssment; (2) discrimination based on religion/national origin; (3) retaliation in violation of Gov. Code § 12940; and (4) retaliation in violation of Labor Code § 1102.5, arising out of his employment with the Riverside County Sheriff's Office. Page 3 of 5 On December 19, 2023, Defendants served their first sets of discovery on Plaintiff, including general form interrogatories (“FROGs”), employment law form interrogatori...
2024.04.03 Motion to Compel Responses, for Monetary Sanctions 850
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...vehicle, w hich was manufactured and/or distributed by Defendant. (Compl. ¶ 6.) The subject vehicle came with various warranties, including but not limited to the bumper -to - bumper warranty, powertrain warranty, emission warranty, etc. (Id.) During the warranty perio d, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to engine defects, transmission defects, electrical defect...
2024.04.03 Motion to Compel Arbitration 618
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.04.03
Excerpt: ...ator from January 27, 2019 to the present, and was subjected to numerous Labor Code violations. On May 18, 2023, Plaintiff filed this action for individual wage and hour claims and asserted a Private Attorney General Act (“PAGA”) claim. On February 8, 2024, Plaintiff file d his operative First Amended Complaint (“FAC”) alleging class allegations and asserting the following causes of action: 1) Failure to Pay Wages; 2) Failure to Provide...
2024.03.29 Motion to Quash Service of Summons on Complaint 858
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.29
Excerpt: ...each of fiduciary duty, 4) unjust enrichment, 5) labor law violations, 6) declaratory relief, and 7) conversion. Defendants move to quash the service of summons on the grounds that there was defective service of process as to all three defendants. The proofs of s ervice reflect personal service on Gretel/Manager, Plaintiff's sister and an employee of the “Romp -o -R ama” business, but the Scheins did not give Gretel Castillo authority to ac...
2024.03.28 Motion for Summary Judgment, Adjudication 505
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.28
Excerpt: ... and its in dividual physicians for engaging in an alleged “scheme that involved the filing of false and defamatory internal complaints” against Plaintiff and “summarily suspending Plaintiff's admitting privileges under false pretenses.” Plaintiff alleges such acts w ere intended to destroy his professional reputation and to unfairly compete with him to take away his patients, causing him to suffer emotional distress and economic harm. P...
2024.03.27 Demurrer, Motion to Strike 785
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.27
Excerpt: ...n that th e pleadings are not at -issue, the Court shall continue the Case Management Conference hearing to June 25, 2024 at 8:30am. Factual / Procedural Context On October 26, 2023, Plaintiff, Sergio Gonzalez Ramirez (“Plaintiff”) filed a Complaint against Defendant , General Motors, LLC (“Defendant” or “GM”) for: (1) breach of express warranty in violation of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”); (2) bre...
2024.03.25 Motion to Compel Deposition of PMQ 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.25
Excerpt: ...warranted by Defendant General Motors, LLC. Plaintiff filed the Complaint on March 8, 2023, alleging breach of express and implied warranty. On January 24, 2024, Plaintiff served a notice of deposition of Defendant's person(s) most qualified (“PMQ”) on four (4) categories of examination with six (6) requests for production of documents. Defendant served written objections and failed to produce a PMQ for deposition. Plaintiff now moves to co...
2024.03.22 Motion to Consolidate 684
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.22
Excerpt: ...ural C ontext On August 19, 2021, Petitioner Jason Threedouble (“Petitioner”) was insured by Respondent Progressive West Insurance Company (“Progressive”) and was involved in an automobile accident where the at -fault driver only carried minimum statutory state li mits of $15,000 (“First Accident”). On April 25, 2022, Petitioner was insured by Respondent Infinity Select Insurance Company (“Infinity”) and was also involved in an ...
2024.03.19 Demurrer on TAC 162
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.19
Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...
2024.03.18 Motion to Stay Enforcement of Judgment 590
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.18
Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...
2024.03.15 Motion to Dismiss 368
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.15
Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...
2024.03.13 Motion for Approval of PAGA Settlement 369
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.13
Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...
2024.03.08 Motion to Compel Arbitration 114
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.08
Excerpt: ...Procedural Context This is an employment dispute. On April 17, 2023, Plaintiff Amanda Surdow (“Plaintiff”) filed a Complaint against Defendants CCFI Companies, LLC (“CCFI”) and Check Into Cash of California, Inc. (“CIC”) (collectively, “Defendants”),1 alleging (1 ) wrongful constructive termination in violation of public policy, (2) disability discrimination, (3) disability harassment, (4) failure to accommodate, (5) failure to e...
2024.03.01 Motion to Compel Further Responses 251
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ...eement”) with Def endant Rene Delgado Hernandez (“Defendant”) pursuant to which Plaintiff, as the sole shareholder of Ultimate Tint & Wheel, Inc. (“Corporation”) agreed to sell her 10,000 shares in the Corporation to Defendant for $600,000. Under the terms of the Agreement, Defendant was to transfer interest in real property valued at $100,000 to Plaintiff on the date of execution of the Agreement, and thereafter make monthly payments o...
2024.03.01 Motion for Stay of Enforcement of Judgment, to Hold in Contempt 113
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ....76 acre s and located in a W-2 zone. Municipal Code §9.205.020 provides 42 exceptions to the general low -density requirements with either a Site Development Permit or Conditional Use Permit (CUP). One acceptable exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obta...
2024.03.01 Motion for Judgment on the Pleadings 750
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.01
Excerpt: ...express limited w arranty and implied warranty of merchantability. Plaintiff alleges the vehicle came equipped with material defects that Kia's authorized repair facility was unable to repair, and Kia refused to buyback or replace the vehicle. Plaintiff filed the Complaint on February 10, 2023, alleging 1) violation of the Song Beverly Consumer Warranty Act; and 2) violation of the Magnuson- Moss Consumer Warranty Act. Defendants now move for ju...
2024.02.29 Demurrer 328
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.29
Excerpt: ...February 2, 2023, this court heard and sustained all three causes of action in Plaintiff's First Amended Complaint alleging for 1) cancelation of written instruments, 2) quiet title, and 3) declaratory relief and granted Plaintiff leave to amend. Page 4 of 8 Thereafter on February 16, 2023, Plaintiff filed a Second Amended Complaint alleging the same three causes of action for 1) cancellation of written instructions, 2) quiet title, and 3) decla...

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