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2023.10.09 Motion to Strike Supplemental Expert Witness Designation, Joinder 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.09
Excerpt: ... Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to reconstruction of the event and biomechanical issues. • As to witness Guentzler, the Court finds that Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to anticipated use testing, standard engineering principles. •...
2023.10.06 Special Motion to Strike 444
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ... attorneys, sent notice and administrative citations alleging violation of the JVMC, including but not limited to section 8.05.030 (Calfornia Building code section 105.1.3), section 9.240.510, section 9.125.050, Section 9.240.480, Section 9.240.250, and Section 5.05.030. At the times of the issuances of these notices and citations, Cross-Defendant City employed an administrative adjudicative system that was contrary to the common law and violated...
2023.10.06 Motion to Expunge Lis Pendens 149
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ...iff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket (hereinafter collectively "Northgate"). Defendant Magnolia Partnership, LLC ("Magnolia") owns real property located at 10411-10481 Magnolia Avenue, William Lee Dieterle as trustee ofthe Dieterle Family Trust ("Dieterle") owns property located at 10485 Magnolia, and LMP Realty Advisors LLC ("LMP") owns property located at 10403 Magnolia. The predecessors-in-interes...
2023.10.06 Motion to Consolidate 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ...ted at 1415 Via Vallarta, Riverside, CA 92506 (the "Property"). (First Amended Complaint filed on August 23, 2023 ["FAC"] 3, 9.) In 2015, Amie purchased the Property for $555,000 with cash and a private loan of $450,000 secured by a deed of trust ("2015 Deed of Trust"). (ld. at '111.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, allege...
2023.10.05 Motion for Summary Adjudication 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.05
Excerpt: ...Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4, but was not filed or served. 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 was attached to a 2011 Freightliner vehicle owned by the County of Riverside. Charles alleges he was in the process of performing a pre-...
2023.10.04 Motion for Reconsideration of Demurrer 633
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...rside (County), and 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 Cour...
2023.10.04 Demurrer to FAC 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...text: This is a wrongful death/personal injury achon by successors in interest to Decedent Robert Alexander arising out of a motor vehicle versus bicyclist. Plaintiffs Kristi Alexander and Kelsey Gregg's First Amended Complaint alleges two causes of achon for 1) motor vehicle negligence, and 2) dangerous condition of public property. Defendant State of California, on behalf of the Department of Transportation, demurs to the 2nd cause of action in...
2023.10.04 Demurrer on FAC, Motion to Strike 003
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...
2023.10.02 Motion to Set Aside Default 516
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.02
Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...
2023.09.29 Petition for Writ of Mandate 683
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....
2023.09.29 Motion to Vacate and Set Aside Default 849
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...
2023.09.29 Application for Permission to Present Late Claim 026
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l 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 ...
2023.09.28 Motion to Deposit Funds, for Attorney Fees 076
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.28
Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...
2023.09.28 Motion to Compel Further Responses, for Sanctions 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.28
Excerpt: ...nership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an ...
2023.09.27 Motion to Deem Petition for Relief from Claims Requirement 447
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.27
Excerpt: ...em the Petition for Relief from the Claims Requirement Filed as of August 7, 2023. The Court denies the Pettion for Relief from the Claims Requirement. Factual / Procedural Context Plaintiff, Julie Schaffer, tripped and fell on December 28, 2021 at 32055 Riverside Drive by Lincoln Street in Lake Elsinore, California. Plaintiff was walking on the premises when she tripped over what appeared to be an unlit guy-wire/guy-line/guy-rope/stay and/or its...
2023.09.26 Demurrer, Motion to Strike 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.26
Excerpt: ...MENT CORP., BLOOMING INVESTMENT GROUP INC., PRIME INVESTMENT INTERNATIONAL INC., UNIVERSITY CAMPUS HOTEL LLC Tentative Ruling: The Court overrules the demurrer. The Court denies the motion to strike. Defendant to file an answer within 20 days. Factual / Procedural Context: This is a derivative achon brought by Plaintiff Mi Tang on behalf of Legend International Investment, LP (Partnership), alleging that improper payments were made to defendants/...
2023.09.26 Demurrer on FAP 437
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.26
Excerpt: ... the Court shall sustain the demurrer without leave to amend. "Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law." (Lawrence v. Bank of America (1985) 153 Cal.App.3d 431, 435.) Factual / Procedural Context: This is an action for mandamus relief brought by Health and Wellness Lifestyle Club, LLC ("HWLC") and its former attorney, Nupur Nagar (collec...
2023.09.25 Motion for Relief from Order Granting Motion to Compel Deposition, for Sanctions 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.25
Excerpt: ...mitted order. Although not specifically mentioned by the parties, the Court is not withdrawing the order for sanctions. The Court does order the parties to appear for the Case Management Conference Hearing. The Court notes that Defendant has filed a motion for summary judgment, to be heard on 11/17/23, largely on the fact that the RFAs were deemed admitted. Given the Court's tentative is to grant Plaintiff relief, the MS] appears to be moot. The ...
2023.09.21 Motion to Set Aside Default, Judgment 099
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.21
Excerpt: ...wenty years. During this time period, the two had pooled their resources, jointly owning property and having joint bank accounts and credit cards. The two also started a business together - Katz Transport, Inc.. In 2011, the two purchased a home in Fontana together. The agreement was that they would fix the home together and eventually retire there. In 2013, they purchased another business together — US La Michoacana. Plaintiff worked as an emp...
2023.09.20 Motion to Sell Assets to Prevent Foreclosure 235
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.20
Excerpt: ...ka and their minor child, but was unable to qualify for the purchase. Terrence then spoke to Susana who agreed to be a straw buyer and then transfer the property to him after purchase, upon request. The property is at 36640 Obaria Way in Lake Elsinore ("property"). Terrence alleges that in May 2017, he delivered the funds to purchase the property for $464m with a loan amount of $324,489. Terrence alleges that all of the money came from him, and n...
2023.09.20 Motion to Compel Deposition 933
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.20
Excerpt: ...ot the attorney. The Court orders sanctons to be paid in 90 days. Factual / Procedural Context: This is a motor vehicle personal injury action by Plaintiff Nancy Lane against Defendant Kyle Duvall. Plaintiff moves the court to Defendant to attend his deposition and for the production of documents specified in the deposition notice served on him. The motion is made on the grounds that Defendant failed to appear for deposition or to produce the req...
2023.09.18 Motion to Set Aside Default 200
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.18
Excerpt: ... judgment, and re-set the matter as a Case Management Hearing, to be heard on 11/27/23 at 8:30am in Dept. 3. All counsel are ordered to file updated CMC statements prior to that date. Factual / Procedural Context: Plaintiff Daniel Joshua Lujan ("Plaintiff") filed the complaint in this quiet title achon on March 9, 2023 against defendant Bree Mendoza ("Defendant"). Defendant failed to answer or otherwise respond to the complaint, and Plaintiff req...
2023.09.18 Demurrers 771
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.18
Excerpt: ...e. Factual / Procedural Context: Plaintiff Jadeyn Doe ("Jadeyn") was a minor foster care child under the care and custody of Defendant County of Orange ("County"). From 2008 through 2010, Jadeyn was placed in the care of Defendant Curtis Harvey ("Curtis") and his wife, Defendant Maricel Harvery ("Maricel") by Defendant ABC Foster Family Agency ("ABC"). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulte...
2023.09.18 Demurrer, Motion to Strike 870
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.18
Excerpt: ...urt denies Defendant's Motion to Strike. Factual / Procedural Context: On May 31, 2016, Plaintiff Anne Gichanga ("Gichanga") was admitted to The Gardens of Riverside, LLC ("The Gardens") due to advancing dementia and need for assistance with all activities of daily living. (Comp'. '1 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's res-dency at The Gardens, she died after being permitted to wander into the outdoor courtyard ar...
2023.09.14 Motion for Summary Judgment 300
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.14
Excerpt: ...ustain Tyler Mall's objections 8 and 9 to the Herter Declaration. The Court declines to rule on the remaining objections. Factual / Procedural Context: This is a personal injury and premises liability action brought by Plaintiff Evelyn Rodriguez against various Defendants, including Defendant Otis Elevator (Otis), Pacific Coast Elevator Corporation dba Amtech Elevator Services (Amtech), North American Elevator Services Company (NAES). Plaintiff a...

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