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2023.12.13 Motion for Preliminary Injunction 862
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.13
Excerpt: ... is sustained as to Objections Nos. 1, 3, 4, 5; and overruled as to No. 2. Defendants' request for judicial notice in support of opposition is denied as to Nos. 1-2 and granted as to Nos. 3-19. Factual / Procedural Context: Plaintiff is an owner of a property in a subdivision who challenges the adjacent property owners' claim of an access easement through a portion of Plaintiff's lot in order to access the adjacent property which does not have it...
2023.12.13 Demurrer, Motion to Strike 370
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.13
Excerpt: ...of action for concealment, with 30 days leave to amend. The Court overrules the remaining portions of the demurer. On the motion to strike, the Court grants the moton to strike the provision requesting attorney fees, with 30 days leave to amend. The Court denies the motion to strike punitive damages. Factual / Procedural Context Plaintiff Operation Safehouse, Inc. ("OSH") has sued its former auditors, Lund & Guttry, LLP, Shannon Maidment, and Gar...
2023.12.12 Motion to Quash Subpoena 678
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.12
Excerpt: ...ntext On September 6, 2023, Plaintiff, Edmundo Rodriguez ("Plaintiff") filed a Complaint against Defendant, Super Center Concepts, Inc. dba Superior Grocers ("Defendant") for general negligence and premises liability. Plaintiff alleges that on September 10, 2022, he slipped and fell on dirty water left on the floor of the restroom in Defendant's store, located at 1130 West 6th Street, Corona, California. (Complaint, p. 4, GN-I.) Defendant knew th...
2023.12.12 Demurrer to SAC 012
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.12
Excerpt: ...d by various staff members/officers at various times between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, Riverside Juvenile Hall ("RJH"). (Second Amended Complaint ("SAC"), 2-4, 65-80.) Plaintiff DW alleges he was sexually assaulted by a female staff member/offcer while he was detained at RJH between 2005 and 2006. (SAC, 65- 69.) Plaintiff KJ alleges he was sexually assaulted, moleste...
2023.12.11 Demurrer 307
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.11
Excerpt: ...mplaint against Defendants, Ford Motor Company ("Ford") and Hemborg Ford (together "Defendants") asserting the following causes of acton: (1) violation of Civ. Code S 1793(d) [against Ford only]; (2) violation of Civ. Code S 1793(b) [against Ford only]; (3) violation of Civ. Code S 1793(a)(3) [against Ford only); (4) breach of the implied warranty of merchantability [against Ford only]; (5) fraudulent inducement — concealment [against Ford only...
2023.12.08 Motion to Augment Administrative Record 221
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...edule. Factual / Procedural Context: Petitioner Sierra Club brings this CEQA challenge to Respondent City of Moreno Valley's (City) approval of the project known as the Moreno Valley Business Park, which mostly consists of a single industrial building 220,390 square feet. Petitioner contends the City improperly adopted a Mitigated Negative Declaration, when there would be impacts to aesthetics, air quality, energy, land use/planning, noise and tr...
2023.12.08 Motion for Summary Judgment 820
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...M.D. on May 12, 2021 at Parkview Community Hospital, and was discharged to home on May 14, 2021. She returned to Parkview Community Hospital on May 15, 2021 with abdominal pain and was diagnosed with a perforated small bowel. Ms. Contreras was taken back to surgery on the morning of May 16, 2021 and Dr. Hirst was the anesthesiologist for that procedure. He was not involved in the first surgery of May 12, 2021. The condition of Ms. Contreras deter...
2023.12.08 Motion for Leave to Amend, to Augment Supplemental Expert Witness Designation 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.08
Excerpt: ...ifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufactured by MORryde, International, Inc. ("MORryde"), another defendant in this case. Defendant Jayco moves to strike Plaintiffs' supplemental witness designation. The general allegations are as follows: On February 15, 2021, Plaintiffs were camping in their Eagle HT RV, and, at around 2:00 a.m., P...
2023.12.07 Motion to Compel Responses, for Monetary Sanctions 802
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.07
Excerpt: ...PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF ANTHONY L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY ANTHONY L PEREZ CVR12204802 PEREZ VS PEREZ MOTION TO COMPEL FURTHER RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF SANDRA L. PEREZ'S FORM INTERROGATORIES, SET NO. TWO AND REQUEST FOR ORDER AWARDING MONETARY SANCTIONS BY SANDRA L PEREZ Tentative Ruling: The court denies Pl...
2023.12.07 Motion for Summary Judgment 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.07
Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation ("Morgan") was added as Defendant Doe 1. Defendants Palfinger Tail Lifts GMBH and Palfinger LISA, 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, he was injured by an Interlift liftgate model number ILF-55, which wa...
2023.12.06 Motion to Compel Further Responses 482
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.06
Excerpt: ...compel further responses to SROG Nos. 1, 2, 3, 10, 16, 35, and 36. The Court denies Plaintiff's request for sanctions. Factual / Procedural Context On September 13, 2019, Plaintiff Jacob Keithley ("Plaintiff") purchased a new 2019 Ford Transit Van from Sunrise Ford Fontana, a dealership. (Compl. 11.) The subject vehicle was manufactured and warranted by Defendant Ford Motor Company ("Defendant" or "Ford"). (ld. at 25, 29.) Plaintiff alleges that ...
2023.12.01 Petition for Writ of Mandate 839
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.12.01
Excerpt: ...ized by homeless people during the term of Petitioner's lease. (ld„ '1 11.) In July 2021, Petitioner submitted a conditional use permit to the County of Riverside (the "County") to remodel the building and use the building and property for a cannabis business. (ld., 8, 24.) Petitioner alleges that the County unfairly denied his application, after granting preferential approval of a neighboring property owner's application to operate a cannabis ...
2023.11.29 Motion to Compel Arbitration 875
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.29
Excerpt: ...d hour violations as well as an unfair business practices claims. By this Motion, Defendant seeks to compel arbitration of Plaintiff's individual claims to arbitration and dismiss the class claims. Plaintiff opposes. Analysis: l. Standard upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration ...
2023.11.29 Anti-SLAPP Motion to Strike 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.29
Excerpt: ...ng paragraphs. Factual / Procedural Context: Plaintiffs Stasha Sill ("Stasha") and Alicia Sill ("Alicia") (together "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). On July 7, 2023, Lending Bee demurred to the FAC. On August 29, 2023, the court sustained part of the demurrer, and granted Plaint...
2023.11.28 Demurrer 461
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.28
Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...
2023.11.17 Motion to Stay Enforcement of Judgment 590
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.17
Excerpt: ...roaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended a vehicle in front of them, Defendants Jose Luis Cuellar Beltran ("Beltran") and Barillas Trucking, Inc. ("8Tl") rearended Plaintiffs, and another vehicle (the Padilla vehicle) also struck Plaintiffs' vehicle, which came to rest on its right side. Plaintiffs filed their Complaint on 4/24/19 alleging a single cause of achon for motor vehicle and general negligen...
2023.11.17 Motion for Summary Judgment 134
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.17
Excerpt: ...9 while incarcerated in Riverside County jails. The Complaint was filed on 1/10/23 via form complaint with the "general negligence" box checked and an attachment labeled general negligence which makes reference to the Bane Act, Civ Code S 52.1(c), Gov. Code S 844.6(d) and failure to protect under the 8th Amendment. Defendant contends that this action is barred by res judicata and/or collateral estoppel. They assert that Plaintiff was a plaintiff ...
2023.11.16 Demurrer, Motion to Strike SAC 427
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.16
Excerpt: ... and 8th (wrongful termination) causes of action without leave to amend. The Court sustains the demurrer to the 9th (failure to pay minimum wages) and 10th (intentional infliction of emotional distress) causes of achon with 30 days leave to amend. The Court grants the motion to strike punitive damages as to CXR without leave to amend. The Court grants the motion to strike as to Stevens, with 30 days leave to amend. Factual / Procedural Context: O...
2023.11.15 Motion for Terminating Sanctions 453
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.15
Excerpt: ...inly has notice of the prior discovery rulings now. The Court orders Plaintiff to provide responses within 20 days of notice of this order. If no responses are provided following notice, the Court shall permit Defendants to file an additional motion for sanctions. Factual / Proc:edural Context: Plaintiff Suresh Kamble as Trustee of the Settler's Living Trust ("Plaintiff") filed the complaint (the "Complaint") in this action on August 16, 2022 aga...
2023.11.15 Demurrer 305
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.15
Excerpt: ...heir Complaint against Defendants Ford Motor Company ("FMC") and Palm Springs Motors Inc. ("Palm") (collectively, "Defendants"), alleging (1) Violation of Civ. Code S 1793.2(d) of SongBeverly Act (against FMC), (2) Violation of Civ. Code S 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) of Song-Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Indu...
2023.11.14 Motion to Set Aside Default, Judgment 940
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.14
Excerpt: ...tion regarding the allegedly negligent handling of the funeral services and cremation of her son, Ogburn v. Harrison-Ross Mortuary and Harrison-Ross Funeral Home, Case No. RIC1901398 ("Negligence Acton"). Plaintiff alleged that after her son's body was released to the Evans Brown Mortuary ("Evans Brown") pursuant to an order signed by Plaintiff as the decedent's mother, Patricia Monice Larry ("Larry"), who claimed to be the decedent's wife, order...
2023.11.14 Demurrer 097
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.14
Excerpt: ...tiff alleges that on August 21, 2019, he lent $570,0W to Defendant, and the parties entered into a promissory note for that amount. (Complaint at '18.) The note is attached to the Complaint as Exh. A. The maturity date on the note was August 21, 20261 , and no other payments were due prior thereto, except that Defendant was required to use any distribution he received from TV8G Ventures, LLC ("TV8G") to pay down the loan until it was paid off. (C...
2023.11.13 Motion for Protective Order 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.13
Excerpt: ...nc. ("MORryde"). On July 07, 2021, Plaintiffs filed their Complaint, naming Jayco and MORryde as Defendants, alleging the following causes of action: (1) Strict Liability; (2) Negligent Product Liability; (3) Breach of Warranty; and (4) Negligence — Personal Injuries. MORryde now moves for a protective order precluding Plaintiffs from taking the deposition of its secretary and CFO, Rodney Moore, who is described as an "apex" witness, and also s...
2023.11.07 Demurrer to FAC 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.07
Excerpt: ...tle pertaining to real property that plaintiff Amie Lonsdale (formerly Amie Pannazzo) lost at a foreclosure sale during the pendency of her Chapter 7 bankruptcy that was filed in April 2018. Plaintiffs allege that during Ms. Lonsdale's bankruptcy case, the Plaintiffs entered an agreement with defendant Karen Massey whereby Ms. Massey allegedly agreed that she would purchase the property in Riverside ("Via Vallarta" or the "Property") from the for...
2023.11.06 Motion for Sanctions 033
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.06
Excerpt: ... Corona, California (the "Property") from Defendant pursuant to a lease dated October 3, 2022. He further alleges that the Property was unfit for human occupation due to numerous problems; that he repeatedly notified Defendant of these problems from October 2022 to May 2023, and Defendant refused to make repairs; and that the issues with the Property affected Plaintiff's health and safety. *** In this Motion, Defendant seeks sanctions against Pla...

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