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2024.02.28 Motion to Strike FAC 019
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.28
Excerpt: ...ocedural Context Plaintiff, Gavin Ferreira, a minor, by and through his Guardian Ad Litem, Joseph Ferreira, alleges that on 8/28/22, when he was eight years old, he was at Defendant, Barnes Ventures, LLC dba Jump N Jammin in Moreno Valley, which is an indoor c hildren's amusement center. Plaintiff was playing in the jungle gym when he fell forward and struck his mouth on an exposed beam of the play structure sustaining severe injuries to his mout...
2024.02.28 Demurrer on SAC 920
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.28
Excerpt: ... 8:30am. A ll sides are ordered to file an updated CMC statement prior to the next hearing. Factual / Procedural Context Plaintiff Zohair Mesrizadeh dba VIP Style Constructions (“VIP Style”) filed the original complaint in this action on February 23, 2023 and the first amended complaint (“FAC”) on July 20, 2023 against defendants Abdallah Nazmi Abu -Samrah (“Abdallah”) and Reham Shaath (“Shaath”) (together, “Defendants”). T...
2024.02.27 Motion to Compel Arbitration 755
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.27
Excerpt: ... Belinda Addo (“Addo”) and BAWJ Medical Services, Inc. (“BAWJ”), as nominal defendant, in a related case (Case No. CVRI2202879), alleging judicial dissolution, breach of fiduciary duty, breach of contract, conversion, embezzlement, and cancellation of instrument (hereinafter “Addo matter”). On October 26, 2023, Plaintiff filed a Complaint in the instant action against Defendants Jean La Fontant (“Fontant”), BGM Medical Services,...
2024.02.27 Demurrer on FAC 305
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.27
Excerpt: ...al/Proced ural Context On August 9, 2023, Plaintiffs Gregory Franklin Hearn and Pamela Sue Hearn (“Plaintiffs”) filed their initial Complaint against Defendants Ford Motor Company (“FMC”) and Palm Springs Motors Inc. (“Palm”) (collectively, “Defendants”), alleging (1) violation of Civ. Code § 1793.2(d) of Song -Beverly Act (against FMC), (2) violation of Civ. Code § 1793.2(b) of Song -Beverly Act (against FMC); (3) violation of...
2024.02.26 Motion to Set Aside Dismissal on FAC 139
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: .... Factua l / Procedural Context Plaintiff Analia Lenchantin (“Plaintiff”) filed her initial Complaint against Defendant Revive Contractors Group, LLC on January 12, 2023, and her operative First Amended Complaint (“FAC”) on March 28, 2023, against Defendants Reviv e Contractors Group, LLC (“RCG”), Victor Trejo (“Mr. Trejo”), and Victor Staforelli (“Mr. Staforelli”), alleging fraud, negligence, and breach of contract. On June ...
2024.02.26 Motion to Compel Production of Docs 013
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ... the requ est for sanctions. Factual / Procedural Context On January 8, 2021, Plaintiffs Constantino Martinez and Ana Verdin (“Plaintiffs”) entered into a warranty agreement with Defendant General Motors, LLC (“Defendant” or “GM”) in connected with the purchase of a 2021 Chevrolet Silverado 1500 (“Subject Vehicle”), which was manufactured by GM. Plaintiffs allege that nonconformities and defects manifested during the warranty peri...
2024.02.26 Motion to Compel Compliance 006
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ...rumed”), Lubrizol Life Science, Inc., The Lubrizol Corporation, and Lubrizol Advanced Materials, Inc. (“Defendants”) for: (1) discrimination; (2) retaliation; (3) failure to provide reasonable accommodations; (4) failure to participate in the interactive process; (5) violation of the California Family Rights Act; (6) failure to prevent discrimination; (7) wrongful termination; and (8) breach of the implied contract not to terminate without ...
2024.02.26 Demurrer on FAC 214
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ... / Proced ural Context This action arises out of the parties' dispute regarding the ownership of real property located at 13139 Acacia Avenue in Moreno Valley, California (the “Property”). On April 6, 2023, Plaintiff Mario Castillo (“Plaintiff”) filed his First Ame nded Complaint (“FAC”) against Defendant David Gomez (“Defendant”), alleging (1) breach of contract, (2) promissory estoppel, (3) declaratory relief, and (4) unjust en...
2024.02.26 Demurrer 664
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.26
Excerpt: ...tion. Plaintiff Jarrett Scott alleges that on November 21, 2005, he obtained a mortgage loan from Chase Bank USA, N.A. in the principal amount of $150,000, secured by a Deed of Trust (“DOT”) against real property located at 241110 Macfie Road in Homeland, Califo rnia. (Complaint, ¶¶ 1, 10, Ex. A.) The DOT was assigned several times, with the last assignment to defendant Towd Mortgage Trust 2018 -6, U.S. Bank National Bank Association, as I...
2024.02.23 Petition for Peremptory Writ of Mandate 300
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...City) 6/1 5/21 decision to approve the MoVal 2040 Project, which consists of the 2021 General Plan update (GPU) including a Housing Element Update, a Climate Action Plan (CAP), and associated zoning amendments, and to certify an Environmental Impact Report (EIR) for the Project, which provides for large increases in industrial and commercial development within the City. The Project is intended to replace the existing 2006 General Plan (2006 GP) a...
2024.02.23 Motion for Summary Judgment 029
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...Balestrac ci (“Plaintiff” of “Madison”), by and through her Guardian ad Litem, Katie Balestracci (“Katie”), alleges that Defendants Debra Kay Lebo, D.O. (“Dr. Lebo”), Joseph E. Glaser, M.D. (Dr. Glaser”) and Temecula Valley Ob/Gyn Medical Associates (“TV Ob/Gyn”), a s well as Loma Linda University Health and Loma Lind University Medical Center – Murrieta, negligently managed Katie's prenatal care, labor, delivery and post-...
2024.02.23 Motion for Attorney Fees 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.23
Excerpt: ...(“Alicia”) (toget her “Plaintiffs”) filed their original complaint in this action against Defendant Lending Bee, Inc. (“Lending Bee”) on December 22, 2022. On June 8, 2023, they filed a verified First Amended Complaint (FAC) that asserts the following causes of action: (1) wrongful foreclosure; (2) money had and received; (3) fraud by intentional misrepresentation; (4) slander of title; (5) cancellation of instruments; (6) violatio...
2024.02.22 OSC Re Scope of Discovery 476
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.22
Excerpt: ...ry 15 , 2024, shortly before trial was set to commence, Plaintiff discovered an Invoice that showed an accounting relative to the Lamerson project, as well as a copy of the transmittal email to Lamerson on October 29, 2019. (Trial Exhibit no. 99.) All sides agr ee that limited discovery should be reopened to allow Lamerson to inquire as to the accounting of Exhibit 99, including any invoices Plaintiff has to support their document. The issue, how...
2024.02.21 Motion to Lift Stay of Unlawful Detainer Action, to Bifurcate 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.21
Excerpt: ...purchased the Prope rty for $555,000 with cash and a private loan of $450,000 secured by a deed of trust (“2015 Deed of Trust”). (Id. at ¶ 11.) Plaintiff David Lonsdale (“David”), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (Id.) Defendant Karen Sue Massey (“Massey”) was Plaintiffs' real estate agent and real estate brok...
2024.02.21 Demurrer on SAC, Motion to Strike 062
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.21
Excerpt: ...ke is moot . Factual / Procedural Context: On September 19, 2022, Plaintiff, Luqman Barber (“Plaintiff”) filed a Complaint against Defendants, All In Auto Group (“All In Auto”) and Westlake Services, LLC dba Westlake Financial Services (“Westlake”) (together “Defen dants”). On September 1, 2023 Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) Breach of Contract, (2) Fraud, (3) Conversion, ...
2024.02.20 Motion to Withdraw from Arbitration and Remand to Superior Court 111
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.20
Excerpt: ...lled nur sing facility. Under Defendants' care, Plaintiff allegedly developed a stage IV bone -exposing bedsore on her coccyx/sacrum requiring hospitalization and several painful debridement procedures. On October 26, 2023, this Court granted Defendants' petition to compel arbitration and stayed this action. The Court subsequently vacated Plaintiff's motion for preferential trial setting. Plaintiff subsequently filed a claim with Judicate West, ...
2024.02.20 Motion to Compel Further Responses, to be Relieved as Counsel 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.20
Excerpt: ... to the motions to compel: The Court grants the motion to compel further responses to Requests for Admissions, Set One, Nos. Requests for Admissions (“RFA”), Set One, Nos. 1 -5, 8 and 9. Plaintiff is to submit responses in 30 days. The Court grants the motion to compel further responses to Form Interrogatories, Set One, No. 17.1, as to RFA Nos. 1 -5, 8 -9, and 14 -16, but denies as to RFA Nos. 6 -7, 10 -11. The Court denies Defendant's reques...
2024.02.16 Motion to Compel Further Responses, for Sanctions 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...uest number s 37-41. Supplemental responses to be produced in 30 days. The Court denies Plaintiff's request for sanctions. Facts/Procedural Summary: Plaintiff purchased a 2020 Chevrolet Colorado manufactured and warranted by Defendant GM. (Complaint ¶11.) Plaintiff alleges that the purchase of the vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide com...
2024.02.16 Motion to Compel Further Responses 869
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ... their ident ities. The Court shall adopt the Plaintiff's proposed order. Factual / Procedural Context: This is an action for elder abuse brought on behalf of decedent Barbara Krosky by plaintiffs Corrine Krosky and Kenneth Krosky Jr. Plaintiffs allege that deceden t was admitted to Vineyard Place, a residential and custodial care facility operated by defendant Anthem Murrieta Management, LLC in December of 2017. As alleged in the complaint, dece...
2024.02.16 Motion to Compel Deposition, for Protective Order 550
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...ruling, the C ourt finds that the City shall produce a PMQ for deposition and production of documents as to Categories 2, 6, and 7 of the notice of deposition. The Court denies the request for a PMQ as to Category 1. With respect to the motion to continue the summary j udgment motion, in light of the Court's order, the Court shall grant the motion to continue but orders the parties to appear to discuss dates. Factual / Procedural Context: Plaint...
2024.02.16 Motion to Compel Deposition of PMQ 754
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...order would not give Plaintiff sufficient time to take the deposition of the PMQ officer. Moreover, the parties stipulated to continue trial. The Court nevertheless orders the parties to appear (by Zoom, telephone or in -person) to discuss future trial dates. Factua l / Procedural Context: Plaintiff Juan Pedroza Cabrera (“Plaintiff”) alleges that on March 24, 2018, he purchased a 2018 Chevrolet Traverse that was manufactured and distributed b...
2024.02.16 Motion for Summary Judgment, Adjudication 018
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.16
Excerpt: ...nfliction of e motional distress; • Plaintiff's request for punitive damages. The Court denies the remainder of Defendant's motion for summary adjudication. Factual / Procedural Context: This is an employment disability discrimination case. Plaintiff Hermenegildo Gonz alez (“Plaintiff”) alleges that he is 64 years old who primarily speaks Spanish. On March 10, 1983, Plaintiff was hired by Defendant Blue Banner Company, Inc. (“Defendant�...
2024.02.15 Motion to Compel Deposition of PMQ 108
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ...RPD Nos. 1 -6 to the extent that they are not protected by attorney -client privilege or work product doctrine and are limited to the time period from the time of Plaintiffs' purchase to present. The Court denies Plaintiff's request for sanctions. Factual / Procedur al Context This is a Song -Beverly case. Plaintiff moves the court to compel Defendant to produce a PMQ and Custodian of Records to be deposed and for sanctions of $1,860 for having t...
2024.02.15 Motion for Summary Adjudication on SAC 328
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.15
Excerpt: ....'s (“Kia” or “Defendant”) authorized retailer and dealership All Star Kia. The vehicle was manufactured and distributed by Defendant, and came with express written warranties. (Second Amended Complaint (“SAC”), ¶¶ 9, 10.) During the warranty period, the vehicle dev eloped latent defects relating to the powertrain system, engine and/or transmission. (Id., ¶ 11.) Plaintiff took the car in for repair on at least 6 occasions from Sept...
2024.02.14 Motion to Compel Deposition, Production of Docs 227
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.14
Excerpt: ...ial justifi cation not to award sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment awarded was $220,037.07. The court clerk erroneously failed to execute a writ of execution and abstrac...

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