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2019.10.29 Motion for Judgment on the Pleadings 222
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.29
Excerpt: ...astillo. Plaintiff alleges defendants Francisco Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Francisco Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint(SAC) against defendants alleging causes of action for (1) b...
2019.10.28 Motion to Remove Guardian Ad Litem and Appoint New Guardian 829
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.28
Excerpt: ...ainst defendant Alvord Unified School District (the “District”). Plaintiff was a 14‐year old student at Hillcrest High School, which is subject to the control of the District. Plaintiff suffered from a cleft lip and was frequently bullied by other students, which caused her severe stress and anxiety. On April 22, 2016, Plaintiff left the school campus during her physical education class through an unlocked gate without permission. She then ...
2019.10.24 OSC Re Preliminary Injunction 821
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.24
Excerpt: ...an injunction.” Butte v. State of California (1992) 4 Cal.4th 668, 678. However, “when the purpose of the injunction is to enforce a statute or ordinance, hardship—that is, injury to the public—may be presumed from the fact that lawmakers chose to pass the ordinance in the first place.” IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72. “[W]here the law expressly declares something to Page 3 of 3 be a nuisance, then no inquiry be...
2019.10.23 Motion to Compel Further Responses 913
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.23
Excerpt: ...job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh” and Defendants) was the design‐ builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commission (“RCTC”). Plaintiff claims that his supervisor Marc...
2019.10.23 Motion to Compel Arbitration 428
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.23
Excerpt: ...nding arbitration, however, the Court shall set a Hearing re: arbitration on April 24, 2020, regarding the status of arbitration. The parties are ordered to submit a joint statement regarding the status of arbitration approximately ten days prior. Page 5 of 7 SUMMARY OF MATTER This is an employment action. Plaintiff Orlando Ibarra Medina (“Plaintiff”) alleges he was employed as a cook from July 10, 2018 to December 26, 2018, at a Denny's Rest...
2019.10.22 Motion to Attach Spousal Wages 538
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.22
Excerpt: ...rder by Foothill/Easter Transportation Corridor is denied. Plaintiff is seeking to attach a third‐party's earnings under CCP § 708.510 et seq. and Family Code § 910 as a Judgment Creditor. It bases this theory on the argument that because California is a community property state, the earnings of Defendant's husband are 50% hers, and should be attached to pay off the Judgment Defendant owes. Plaintiff has alleged that during a Judgment Debtor ...
2019.10.22 Demurrer, Motion to Strike 057
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.22
Excerpt: .... Webb Associates as an Administrative Assistant directly under the supervision of Susie Reyes. She alleges she told a co‐worker, Todd Carpenter, that she was pregnant. Plaintiff alleges that on 1/4/18 before she had told Reyes about her pregnancy, Reyes asked another co‐worker, Stephanie Serao, if Plaintiff was pregnant. She alleges Serao told Reyes to ask Plaintiff, and Reyes responded that she knew the answer to her question. Thereafter, o...
2019.10.21 Motion to Quash Service of Summons and Dismiss Action for Forum Non-Conveniens 678
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.21
Excerpt: ...nt VIPER's representative Mark (based in Chino, CA) to pay $48,500 for a 2000 Caterpillar D7R Dozer. Plaintiff wired the money, and Defendant has failed/refused to produce the dozer or refund Plaintiff's money. Plaintiff's 7/05/19 Form Complaint alleges claims for Breach of Contract and Fraud (Misrepresentation, Concealment Promise without Intent to Perform). SUMMARY OF MOTION AND DECLARATION Defendant VIPER MACHINERY LLC specially appears and mo...
2019.10.21 Demurrer, Motion to Strike 422
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.21
Excerpt: ... in the underlying action, which is at the heart of Plaintiff's complaint. The four‐year statute of limitations under CCP § 340.6 does not bar Plaintiff's claims because the stipulated judgment about which Plaintiff complains was entered on August 28, 2015, less than four years before the Complaint was filed. To the extent Defendant relies on extrinsic evidence, it is improper and will not be considered by the court. Defendant to file their an...
2019.10.17 Demurrer 009
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.17
Excerpt: ...ery to obtain a license to operate commercial cannabis business. Petitioners' application was denied and they were determined to be ineligible for participation in the lottery for currently operating an unlicensed cannabis business within the City of Banning. Petitioners appealed this decision. They contend that the City failed to provide any evidence that they operated a commercial cannabis on another property or that City issued any administrat...
2019.10.17 Demurrer, Motion to Strike 422
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.17
Excerpt: ...of Plaintiff's complaint. Furthermore, there are sufficient facts alleged against Lisa G. Salisbury individually. The motion to strike is DENIED. Whether attorney fees are recoverable can be determined by noticed motion following judgment and is not appropriate for determination at this time. Furthermore, Plaintiff alleges sufficient facts showing circumstances of fraud sufficient to support punitive damages. SUMMARY OF MATTER This is a legal mal...
2019.10.16 Motion to Compel Further Responses 421
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.16
Excerpt: ...(Set One) Nos. 6‐7, 9, and with a privilege log as to RPD Nos. 19‐22, 25‐29, 32, 34, 35, 42‐ 45. Only a privilege log is required for RPD Nos. 1‐5, 10, 14‐16, 24, 46‐47. Otherwise, the motions are DENIED. The request for sanctions by defense is also denied. SUMMARY OF MATTER Plaintiffs, Gordon Marino and Cynthia Lee, allege that on 6/5/14 they purchased a new 2014 Volkswagen CC from Defendant, Riverside Volkswagen (Dealership) for $...
2019.10.15 Motion to Compel Answers at Deposition 764
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.15
Excerpt: ...hin 20 days. The Court declines to award sanctions. SUMMARY OF MATTER Plaintiff Lori Hammond alleges that on 12/16/16, she slipped and fell on a slippery substance. She further alleges that Defendants failed to maintain the floors, place warning signs, warn, and exercise due care. On 6/22/18, Plaintiff filed a complaint for premises liability and negligence. Trial is currently set for 1/3/20. Page 2 of 7 Summary of Motion: Plaintiff brings this m...
2019.10.11 Motion for New Trial 524
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.11
Excerpt: ...trial. Plaintiff has alleged several instances of error, which the Court shall address separately. ANALYSIS With respect to errors of law, a judge may grant a new trial based on an error in law that occurred at the trial and that was objected to by the party moving for a new trial. (Tun v. Wells Fargo Dealer, Servs., Inc. (2016) 5 Cal.App.4th 309, 323.) A new trial on this ground is warranted when the case was resolved by a ruling that was errone...
2019.10.10 Motion for Tentative Judgment 951
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.10
Excerpt: ...no new or different facts, circumstances, or law as required by Code of Civil Procedure section 1009. BACKGROUND & RELEVANT PROCEDURAL HISTORY: This is a wrongful foreclosure action. Plaintiff Yi Fu Hwang (“Plaintiff”) alleges that he obtained a Home Equity Line of Credit (“HELOC”) from defendant Cathay Bank on September Page 5 of 7 22, 2006, in the amount of $150,000, which is secured by a deed of trust on Plaintiff's property located at...
2019.10.10 Demurrer 822
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.10
Excerpt: ... as moot. Page 4 of 7 SUMMARY OF MATTER In this action, Plaintiff alleged Defendant Akmakjian along with other family members and the Riverside Community Hospital committed causes of action stemming from the death of Plaintiff's father. Essentially, Plaintiff alleged that sometime in January of 2017, Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hos...
2019.10.10 Motion to Compel Further Responses 039
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.10
Excerpt: ... of C.C.P. §§ 708.110, et seq. SUMMARY OF MATTER The complaint and consolidated complaint in this matter were filed by Richard Van Loon and Dianne Van Loon and were dismissed early on in litigation. Two of the cross‐complaints that were filed went to trial – one brought by Winchester‐Wesselink, LLC. (“LLC”) and one brought by Richard Van Loon. LLC asserted in its cross‐ complaint that two of its members, Richard and Dianne Van Loon ...
2019.10.3 Demurrer 053
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.3
Excerpt: ...alleged that they suffered any damages other than the impairment of the security interest. The fact that the demurrer was unopposed leads the Court to conclude that no such facts exist otherwise, and as such, sustains the demurrer without leave to amend. SUMMARY OF MATTER Plaintiffs alleges that defendant Wayne Lee Vaughn, Jr. (“Vaughn”) held himself out as Vaughn Construction Co., the managing member of defendant Desert Ice Holdings, LLC, ow...
2019.10.2 Motion for Attorneys' Fees 631
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.2
Excerpt: ...or pretrial work for attorneys Altman, Hassen, and Kiesel, the Court rules as follows: Pretrial Fees: $166,272 Trial Fees: $465,363 Post‐trial fees: $37,587.50 Total lodestar: $669,222.50. Applying a 1.25 multiplier would then result in a fee award of $836,528.12. Costs, which were not challenged, shall be $94,264.99. FACTUAL / PROCEDURAL CONTEXT This is a Song‐Beverly action that went to trial and resulted in a verdict in favor of plaintiffs...
2019.10.2 Motion for Summary Judgment 364
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.2
Excerpt: ...the California Department of Corrections and Rehabilitation (“CDCR”) at one of its California Rehabilitation Centers (“CRC”). He contends that in 2005 a lawsuit was filed against the CDCR regarding its failure to provide inmates with adequate dental care. A settlement was reached in 2006. Under the terms of this settlement agreement, comprehensive protocols where put in place specifying the timeline for providing specific care. It appears...
2019.10.1 Motion to Tax Costs 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.1
Excerpt: ...(“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. A jury trial was held April 4, 2019. Prior to the trial, Plaintiff sent Postulka an offer to compromise for $249,999.00 pursuant to Cal. Code Civ. Pro. ...
2019.10.1 Motion for Summary Judgment, Adjudication 579
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.10.1
Excerpt: ...f cannot establish that she was able to perform the essential functions of her job. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. 2 nd cause of action: Defendant met its initial burden showing it terminated Plaintiff based on the reasonable belief that the Plaintiff was permanently disabled from performing the job. The burden shifted to Plaintiff, but Plaintiff failed to produce any...
2019.1.31 Demurrer 859
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.1.31
Excerpt: ...ent Consulting (“FMC”), he submitted a bid on a Caltrans Request for Proposal (RFP # 82A0033) for financial consulting services (and appears to have been the low bidder). FMC was not awarded the public contract, and exhibits to the FAC indicate that Plaintiff made several challenges to Caltrans's decision. Plaintiff generally alleges that Caltrans failed to follow RFP Guidelines and violated Pub. Contract Code, §§ 10344 and 10345. The FAC a...
2019.1.30 Petition to Confirm Arbitration Award, Motion for Reconsideration 553
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.1.30
Excerpt: ...n the home, including an unpermitted room in the house and mold infestation, which Buyer discovered shortly after moving into the home. Buyer filed a claim with IVAMS, and arbitration proceeded before the Honorable L.A. Simmons, Judge (Ret.) (the “Arbitrator”) over the course of 9 days in November and December 2017. The Arbitrator found in favor of Buyer and against Seller in the amount of $299,056.76 plus costs (“Arbitrator's Award”). Th...
2019.1.29 Motion for Summary Judgment 699
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2019.1.29
Excerpt: ...f Eva Pocklington (nos. 4, 5, 6, 7, 8, 10, 11, 14); declaration of Lantson Eldred (all). Almost every single paragraph starts with “Based upon my review of the papers prepared as part of this Motion, I am informed and believe and based on such information and belief assert ________” “Declarations based on information and belief are insufficient to satisfy the burden of either the moving or opposing party on a motion for summary judgment or ...

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