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2023.11.06 Motion for Attorney Fees 778
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.06
Excerpt: ... matter concerns two separate petitions for writs of mandate. The first Petition was filed by Petitioner, Supporters Alliance for Environmental Responsibility (SAFER) against Respondents, City of Riverside, City of Riverside City Council, and Riverside Planning Commission (City) along with Real Parties in Interest, Greens Ehrenberg, LLC; Greens (Ehrenberg), LLC; Greens Group, Inc.; Greens Development, Inc.; Greens Inv 10, LLC; and Overland Develo...
2023.11.06 Demurrer 862
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.11.06
Excerpt: ...ment on the grounds that any such easement was extinguished either by way of a merger of the dominant and servient property at one point in the chain of ownerships or by way of adverse possession by the prior owner of the servient tenement. On June 02, 2023, Plaintiff filed her Complaint, alleging 6 causes of action for: (1) extinguishment of easement; (2) quiet title; (3) slander of title; (4) trespass; (5) private nuisance; and (6) declaratory ...
2023.10.31 Motion to Amend or Withdraw Responses to RFAs 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.31
Excerpt: ...loan. Lending Bee and Isperov (Fiduciary Defendants) represented they would be agents to obtain the mortgage loan with a third-party lender. Plaintiffs alleges Defendants engaged in predatory lending, fraud and extortion to obtain their property through wrongful foreclosure. Plaintiffs allege that the Fiduciary Defendants serviced the loan taking $14,000 in payments, which they did not credit to Plaintiffs' account. On 8/16/22, Isperov and certai...
2023.10.31 Motion for Summary Judgment, Adjudication 870
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.31
Excerpt: ...f was experiencing credit issues, title to the property is in Lee's name, although Plaintiff and Lee each paid one-half of the down payment. Lee obtained a loan from Pinnacle Capital Mortgage ("Pinnacle"), which recorded a Deed of Trust (DOT) against the property. On December 5, 2012, Lee refinanced the loan and Pinnacle recorded a new for $135,cm. Plaintiff resided at the Subject Property from 2009 to present. Plaintiff and Lee each paid half th...
2023.10.31 Motion for Sanctions 044
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.31
Excerpt: ...aid in 60 days. Factual / Procedural Context: Plaintiff Mary Janeth Vasquez alleges that Defendants Advance Oil, Inc. and Ky Chau employed her as a store manager. Defendant Chau would sexually harass a co-worker, nonparty Tammy Nguyen, resulting in her quitting her employment. Plaintiff complained about Chau's harassment, and would make inappropriate sexual comments to Plaintiff. Plaintiff also complained about the lack of meal and rest breaks fo...
2023.10.30 Motion to Reclassify Case as Limited Jurisdiction 412
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.30
Excerpt: ...s that on June 20, 2020, she tripped over a curb and fell in the parking lot of the Stater Bros. located at 1537 S. San Jacinto Ave„ San Jacinto, California (the "Property"). Plaintiff asserts causes of action for negligence and premises liability. Defendant Stater Bros. moves the court to reclassify this case as a Limited Civ-l case pursuant to CCP 5403.040(b) and Walker v. Superior Court (1991) 53 Cal.3d 257, on the ground that Plaintiff seek...
2023.10.30 Motion to Compel Compliance with Discovery Order, for Sanctions 945
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.30
Excerpt: ...ctured by Defendant, General Motors, LLC (GM), and was accompanied by express warranties. Plaintiff alleges that the vehicle was delivered to her with serious defects and nonconformities to warranties and/or developed same including engine, electrical, emission, and transmission system defects. Plaintiff alleges that GM knew the transmission defects, that she delivered the vehicle to GM authorized repair facilities, but GM was unable to conform P...
2023.10.27 Motion for Attorney Fees 149
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.27
Excerpt: ...eal property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411-10481 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a ...
2023.10.27 Application for Good Faith Settlement 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.27
Excerpt: ...iled the Complaint against Alpha Beta Company dba Ralphs ("Ralphs"), alleging: 1) premises liability; 2) failure to warn and 3) loss of consortium. Shortly thereafter, Plaintiffs filed a Doe Amendment, identifying Defendant Vortex Industries, Inc. ("Vortex") as Dæ 1. Vortex is alleged to have serviced the doors at the location, both before and after the incident. Vortex and Ralphs filed cross-complaints against each other for indemnity and contr...
2023.10.26 Petition to Compel Arbitration, for Preferential Trial Setting 111
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.26
Excerpt: ...times, she was over 55 years old and a custodial care resident and patient at the skilled nursing facility owned and operated by defendant P.T.C.H., Inc. dba Palm Terrace Care Center ("Palm Terrace"). Plaintiff was admitted to Palm Terrace for rehabilitation of a broken hip and required assistance with all activities of daily living and other medical oversight. Plaintiff alleges Palm Terrace failed to provide proper nutrition and failed to turn/r...
2023.10.26 Motion to Compel Arbitration and Stay Proceedings 353
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.26
Excerpt: ...in Adam Shaw was placed to work at Defendant Lowe's Home Centers, LLC by Defendant Partners Personnel Management Services, LLC. A manager, Esther, would refer to him as "black boy" when speaking to him on a consistent basis. When Plaintiff complained, he was terminated. On 10/7/22, Plaintiff failed a complaint for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) whistlebl...
2023.10.25 Application for Right to Attach Order 978
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.25
Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...
2023.10.24 Demurrer on FAC 920
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.24
Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...
2023.10.23 Motion to Adopt Value 216
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...) allege that they, along with defendant Loring Winn Williams ("Winn") are owners of real property located at 5141 Arlington Avenue in Riverside. Plaintiffs allege the parties are siblings and each own 1/3 interest in the property as tenants in common, and that the value of the property is approximately $530,CM. Plaintiffs allege the property is currently being used as rental-income property but that they can no longer agree on how the property s...
2023.10.23 Motion for Reconsideration of Demurrer 633
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...nd Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. The Court sustained a dem...
2023.10.23 Demurrer to TAC 154
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...iring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. Factual / Procedural Context: This is an action against a public entity, the State of California (by and through the California Highway Patrol ["CHP"I), and its employee, Officer Kraig Nagle, for negligence. The individual claims of the surviving spouse and children of the decedent, Gilberto Avila Adame, are being asserted in the form of a wrongful death actio...
2023.10.20 Application for Permission to Present Late Claim 026
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.20
Excerpt: ...n Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson, in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm (the "firm") to pursue damages resul...
2023.10.19 Motion to Compel Further Responses 836
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...filed 9/8/22, asserts: (1) SongBeverly (express warranty); (2) Song-Beverly (implied warranty); and (3) Civil Code 51793.2. Trial is set for 3/15/24. Plaintiff moves to compel further responses to RFPs, contending Defendant served improper objections and its requests are relevant. Plaintiff requests sanctions of $4,020 against Defendant and its counsel. Defendant opposes. Analysis: A party may file a motion compelling further answers to requests ...
2023.10.19 Motion for Leave to Second IME 007
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...very vehicle, collided into multiple individuals stopped at a scene of another prior collision, including the responding Community Service Officer and a volunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. Relative to this Motion, Plaintiff Lara suffered orthopedic injuries, including, but not limited to, a left #lvic fracture, broken right pelvis, broken left cl...
2023.10.19 Demurrer 084
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...manufactured by Defendant Ford Motor Company (FMC). (Complaint '1 9.) Plaintiff alleges that the subject vehicle was delivered with serious engine and transmission defects that Defendant was aware of and failed to disclose. (Complaint "14, 25- 36.) Plaintiffs provided his vehicle to Defendant FMC's representatives and Gosch Ford Temecula but they were unable to repair the vehicle. (Complaint 85- 89.) Plaintiff filed the Complaint asserting causes...
2023.10.18 Motion to Deem RFAs Admitted, to Compel Responses 744
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.18
Excerpt: ...CHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS SPECIAL INTERROGATORIES, SET ONE BY SUPER CENTER CONCEPTS, INC. CVR12200744 SANCHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS FORM I...
2023.10.18 Motion for Attorney Fees 787
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.18
Excerpt: ...et Silverado (the "Vehicle"), which was manufactured/distributed by GM. Plaintiff alleges that the Vehicle was delivered with significant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth causes of action for breach of express and implied warranties under the Song-Beverly Act, as well as a cause of achon for fraudulent concealment. * * * On June 26, 202...
2023.10.11 Motion to Compel Responses, to Deem RFAs Admitted 284
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.11
Excerpt: ...CENTER, INC. MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DNUMENTS AND THINGS TO DEFENDANT SAEED MIRGHAFOURI (SET ONE) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT SAEED MIRGHAFOURI (SET ONE AND SET TWO) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT AUTOMOTIVE CREDIT CORPORATION (SET ONE) CVR12103284 VAZ...
2023.10.11 Motion for Summary Judgment 029
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.11
Excerpt: ...F MADISON BALESTRACCI BY Joseph E. Glaser, M.D. Tentative Ruling: The Court grants all three unopposed motions for summary judgment. Defendants are ordered to submit proposed orders/judgments within 10 court days. FACTUAL/PROCEDURAL CONTEXT Plaintiff Madison Balestracci ("Plaintiff' of "Madison"), by and through her Guardian ad Litem, Kate Balestracci ("Katie"), filed the complaint (the "Complaint") in this medical malpractice action on December ...
2023.10.09 Motion to Tax Costs 660
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.09
Excerpt: ... for relief sought 1) permanent injunction against Defendant prohibiting them from making any claims of increased performance through use of its replacement filters; 2) permanent injunction against Defendant prohibit claims that its replacement filters perform better than any original equipment filter or replacement filter sold by a vehicle manufacturer; 3) other injunctive relief deemed necessary and appropriate; 4) restituton for lost sales of ...

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