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2024.02.13 Motion to Strike Complaint 396
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... ordered to complete updated CMC statements prior to that date. Page 5 of 10 Factual / Procedural Context: Plainti¯, a minor by and through his guardian ad litem, has brought an action for negligence and premises liability against the grocery store owners. Plainti¯ alleges that on April 5, 2021, when Plainti¯ was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant ...
2024.02.13 Motion for Attorney Fees 894
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ... GM Plainti¯ alleges that the Vehicle was delivered with signiÞcant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts The complaint sets causes of action for breach of express and implied warranties under the Song-Beverly Act * * * On or about June 8, 2023, Plainti¯ accepted GM's CCP § 998 O¯er of Compromise under which GM agreed to pay Plainti¯ $177,000 In additio...
2024.02.13 Demurrer 970
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.13
Excerpt: ...ched Plainti¯s to sell the property to Defendant Ankr, LLC such that Plainti¯s could obtain the equity in the property and “save” it from foreclosure by having a reverse mortgage such that Plainti¯s would receive the equity and could live in the house until they died. Alvarez identiÞed himself as a foreclosure consultant. On the day of the signing, Alvarez changed the terms of the written agreement such that the purchase price would be...
2024.02.08 Motion to Compel Arbitration 153
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.08
Excerpt: ...to meet and confer to select two trial dates that are agreeable to all parties. The dates selected must be on Fridays no more than six months after the TSC. Facts/Procedural Summary: On May 3, 2022, Plainti¯s leased a 2022 Hyundai Tucson. (Comp. ¶9.) Plainti¯s allege the vehicle was delivered with serious defects and nonconformities to warranty, speciÞcally with respect to the electrical system, suspension, and transmission system. (Comp. �...
2024.02.07 Motion to Compel Compliance with Deposition Subpoena 498
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.07
Excerpt: ...er and Medi-Cal – Department of Health Care Services to Comply with a Deposition Subpoena to Produce Business Records. Factual / Procedural Context: This lawsuit is brought by Jacob Szemett, a minor, by and through his Guardian Ad Litem, Natalie Enriquez (“Plainti¯”). Plainti¯ asserts he attended a high school in Moreno Valley UniÞed School District (“District”). The school allegedly knew that Plainti¯ was to ride the bus home on...
2024.02.07 Demurrer on SAC, Motion to Strike 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.07
Excerpt: ...R $25,000) OF GREGORY O'CONNOR 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR BY EASTERN MUNICIPAL WATER DISTRICT FACILITIES CORPORATION CVRI2301595 O'CONNOR VS EASTERN MUNICIPAL WATER DISTRICT MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF GREGORY O'CONNOR Tentative Ruling: With respect to E...
2024.02.06 Motion to Compel Responses, for Sanctions 166
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.06
Excerpt: ...t denies Plainti¯'s request for sanctions. Facts/Procedural Summary Plainti¯ purchased a 2018 Chevrolet Silverado manufactured and warranted by Defendant GM. Plainti¯ alleges the vehicle is plagued with serious defects and nonconformities to warranty and Defendant has been unable to remedy the problem within the warranty period. Plainti¯ alleges Defendant failed to promptly repurchase or replace the vehicle in accordance with the SongBeve...
2024.02.06 Demurrer, Motion to Strike 865
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.06
Excerpt: ...on to strike punitive damages. The Court orders Defendants to Þle their answer within 30 days. Factual / Procedural Context On December 10, 2021, Plainti¯ Ashley Perkins was shot with a gun while at Defendant Valley Wide Towing, LLC (“Valley Wide”) located at 24850 Rivard Road in Moreno Valley. Plainti¯ alleges Plainti¯ Randy A. Wilson (“Wilson”) is a manager and owner and/or operator of Valley Wide. Plainti¯ was shot in the back...
2024.02.05 Motion to Vacate or Amend Void Judgment 181
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.05
Excerpt: ...19, defense counsel Þled an answer on behalf of Defendants Lopez and David Sanchez dba Apple Markets, Inc (erroneously sued as “Apple Markets, Inc”) At no time did Defendants seek to amend their answer indicating who was appearing before the court Trial commenced before a jury On 10/20/22, a jury returned a verdict in favor of Plainti¯ and against Defendants Lopez and Sanchez dba Apple Markets, Inc On 11/21/22, the court entered judgm...
2024.02.05 Demurrer 402
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.05
Excerpt: ...uled as to the Þfth cause of action for Accounting. As the case is not at-issue, the Court shall continue the currently-set CMC to April 29, 2024 at 8:30am. Factual / Procedural Context: Plainti¯ Radhe Radhe Transport Inc. alleges that Jagdish Kumar Rajgor, Harish Raj Kumar and Defendant Raj Kumar Pandey formed Plainti¯. Plainti¯ purchased a new commercial truck that was Þnanced through Opportunity Fund, who demanded that the truck be put...
2024.02.02 Motion to Set Aside Complaint 490
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.02
Excerpt: ...ness” (food truck business) located at 5666 Etiwanda Ave., Suite F, in Jurupa Valley. Nunez also agreed to assign the lease and any other necessary assignments. She acknowledged receiving $100,000 from Plainti¯. The Master Lease is between Defendant, Nunez Plaza, LLC and Plainti¯ for 3800 square feet of warehouse space and 21,700 square feet of parking lot space. The Lease term was three years beginning 6/1/20. Plainti¯ gave Nunez a $6,00...
2024.02.02 Motion to Quash Business Records Subpoena 510
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.02.02
Excerpt: ...(2) Bonds' prior workers' compensation claims, is reasonable (Defendant has agreed to withdraw the subpoena as to and Robbins Brothers Inc) Page 3 of 10 Defendant is ordered to serve revised subpoenas to Plainti¯'s former employers Lineage Logistics, LLC and Harbor Freight Tools that is consistent with this ruling The Court also orders the parties to enter into a Protective Order to preserve the privacy interests of Plainti¯ The Court den...
2024.01.31 Motion to Quash Service of Process 125
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.31
Excerpt: ...ant, Wanhoo, LLC (Wanhoo) to purchase real property known as 1713 Beam Hollow in San Jacinto, with a completion date of 7/31/20. Plainti¯s allege they were targeted by Wanhoo as Þrst-time buyers, and were promised a newly built home, which was not delivered. Plainti¯s allege that Wanhoo intended to defraud Plainti¯s of their initial deposit and had no intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the ...
2024.01.31 Demurrer, Motion to Strike n FAC 754
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.31
Excerpt: ...res (“Plainti¯s”) Þled 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) breach of implied warranty in violation of the Song Beverly Act; (3) violation of § 1793.2 of the Song Beverly Act; and (4) fraud/fraudulent inducement/concealment. In the Complaint, Plainti¯s allege that on July 28...
2024.01.30 Motion to Strike Complant 271
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.30
Excerpt: ...aints of shortness of breath. (Complaint, ¶ 14.) She was subsequently diagnosed with acute respiratory failure and admitted to the ICU. (Complaint ¶ 14.) Decedent physician's orders included an order for steroids and GERD medication which Plainti¯s' allege that Defendants failed to administer. (Complaint ¶¶ 16-20.) As a result, the Complaint alleges that decedent deteriorated and needed to be intubated. (Complaint ¶ 21.) Plainti¯s conten...
2024.01.30 Motion to Set Aside Default 770
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.30
Excerpt: ...are ordered to provide updated CMC statements prior to that date. Factual / Procedural Context: Plainti¯ Doug Chadwick alleges that he was employed full time by Defendant TNT Plastic Molding as Vice President and director, along as a shareholder. His brother, Defendant Dennis Chadwick began Þnancial mismanagement of the company as he ran a separate company (Crystal Tex) at TNT's business. When Plainti¯ complained about mismanagement, Defenda...
2024.01.30 Motion for Relief 447
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.30
Excerpt: ...wn motion shall set a Case Management Conference Hearing (CMC) on March 28, 2024 at 8:30am. Plainti¯ is ordered to serve and notice all unserved defendants and to Þle an updated CMC statement prior to that date. Facts/Procedural Summary Plainti¯, Julie Scha¯er, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plainti¯ was walking on the premises when she tripped over what appe...
2024.01.26 Motion to Disqualify Counsel 791
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.26
Excerpt: ... injury. She alleges that the store's manager was responsible for maintenance, and for verifying there was a policy to maintain the premises according to industry standards, policies, and procedures. Plaintiff filed her Complaint on 9/13/23 alleging two causes of action for general negligence and premises liabil-ty. *** Defendant, Costco Wholesale Corporation (Costco), brings this motion to disqualify Plaintiff's counsel, Downtown L.A. Law Group ...
2024.01.24 Motion to Bifurcate on FAC 804
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.24
Excerpt: ... is an ex parte motion to contnue trial, which is apparently stipulated by all parties. The Court orders counsel to appear to discuss. Statement of Facts/procedure This case involves an allegation that on July 15, 2020, Plaintiff Reams was working at a construction site at Defendant's facility when he fell approximately 15 feet to the ground through and "unguarded, unprotected and unmarked" opening on the second floor. Plaintiff has alleged that ...
2024.01.23 Motion to Strike Answer 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ... Heaven Heights Senior Care; and Jacqueline Hawk (owner of HH Care, Heaven Heights) employed Plaintiff as a 24-hour in-home live-in caregiver to Defendant Dorcas Greene from 2014 to 10/31/22. Defendants initially paid Plaintiff $144/day until she received $200/day. She originally provided services under the entities, until Greene and Firth agreed to hire Plaintiff directly of $9,000 per month plus $4,500 for room and board. However, she never rec...
2024.01.23 Motion to Compel Further Responses 412
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ...ponses to SPROG nos. 56 and 57, and order Plaintiff to provide further, Code-compliant responses within 20 days. The Court imposes sanctions against Plaintiff, not counsel, in the amount of $560. Sanctions to be paid in 60 days. Motion to Compel Further Responses to RFPs The Court grants the motion to compel further responses to RFP nos. 15, 16 and 17. The Court denies the motion as to RFP no. 19. The Court denies the request for sanctions. Factu...
2024.01.23 Motion for Summary Adjudication 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.23
Excerpt: ...ger ("Phyllis") (collectively "Plaintiffs") against defendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC ("Los Angeles"). Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, h...
2024.01.22 Motion to Compel Deposition 498
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.22
Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...
2024.01.22 Demurrer, Motion to Strike FAC 358
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.22
Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...
2024.01.19 Motion to Stay 945
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.01.19
Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...

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