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2023.09.12 Motion for Summary Judgment 410
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.12
Excerpt: ...22 against Edmund Ayoub, Jr., M.D. ("Dr. Ayoub") and Edmund Ayoub, Jr., M.D., Inc. (together, "Defendants"). Plaintiff alleges that although he started treating with Dr. Ayoub for low back pain and related symptoms in or around June 2021, Dr. Ayoub failed to correctly diagnose Plaintiff as suffering from a herniated disc until April 19, 2022, and Plaintiff was unduly delayed in receiving appropriate care and treatment. (Complaint, 16-19.) The Com...
2023.09.11 Motion to Strike Complaint on FAC 595
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.11
Excerpt: ...to amend following this motion, the Court shall vacate Plaintiff's motion to amend as moot. Factual / Procedural Context: Plaintiffs Gregory O'Connor ("O'Connor") and Tim T. Vasquez ("Vasquez") (together, Plaintiffs") filed the complaint (the "Complaint") in this acton on March 30, 2023 against Page 5 of 12 defendants Eastern Municipal Water District and Eastern Municipal Water District Facilities Corporation (together, "EMWD") and Commodity Truc...
2023.09.11 Motion to Strike 767
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.11
Excerpt: ... vehicle that is still covered by the manufacturer's express warranty a 'new motor vehicle' within the meaning of Civil Code section 1793.22, subdivision which defines 'new motor vehicle' as including a 'motor vehicle sold with a manufacturer's new car warrantV?" (https ://su p reme.courts.ca .gov/sites/default/files/supremecou rt/default/2023-08/ pendi ngissues- civil%20- %20081823 1.pdf) Page 9 of 12 Factual / Procedural Context: Plaintiff Phys...
2023.09.11 Demurrer on FAC 139
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.11
Excerpt: ...edural Context: Plaintiff Lino Parra ("Plaintiff") filed the complaint in this Lemon Law action on March 3, 2023 against defendants Saul Chevrolet, Inc. dba CardinaleWay Volkswagen ("CardinaleWay") and Volkswagen Group of America, Inc. ("VGA"). The complaint set forth three causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against VGA); (2) Violation of Song-Beverly Act — Breach of Implied Warranty (Against VGA)...
2023.09.11 Demurrer 291
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.11
Excerpt: ...laint for: (1) violation of Song Beverly—express warranty; and (2) negligent repair. A. Summary of Arguments Defendant Ford Motor Company demurs to the 1st cause of action on the grounds it fails to plead facts sufficient. It relies on v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 that Plaintiff failed to plead he purchased a new vehicle, as Rodriguez states that Song Beverly only applies to new vehicles. Plaintiff submitted an opposition, whic...
2023.09.08 Motion to Compel Production of Docs 550
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.08
Excerpt: ... Documents pursuant to a subpoena for personal appearance and production. The Deposition was personally served on May 8, 2023 along with a $275 witness fee served on Elizabeth "Doe" authorized person at 86-625 Airport Page 6 of 12 Blvd., Thermal. The Deposition Subpoena requested that Deputy Ruiz produce at his deposition: 1. An unredacted copy of all Traffic Collision Reports regarding subject, Joseph Matthew Ficher, dob 07/30/1982, and the coll...
2023.09.08 Motion for Summary Judgment 586
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.08
Excerpt: ...C on 9/26/23 and Jury trial on 11/17/23. The Court shall order Plaintiff to submit a default judgment packet to the Court within the next 30 days. The Court shall set an OSC re submission of default judgment on 11/17/23 at 8:30am. This shall be a nonappearance date if the default judgment is approved. Factual / Procedural Context: Plaintiff Lilly Miramontes alleges that on 5/28/19, she was attacked by a dog owned, maintained, possessed, etc. by D...
2023.09.08 Motion for Determination of Good Faith Settlement 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.08
Excerpt: ...efendants Palfinger Liftgates, LLC and Los Angeles Truck Centers, LLC. Defendant Morgan Corporation 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, but was not filed or served. Plaintiff alleges that at 1627 South Hargrave Street in Banning on October 24, 2019 he was injured by an Interlift liftgate model numbe...
2023.09.07 Motion to Deem RFAs Admitted, to Compel Responses 550
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.07
Excerpt: ...ION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT NORCO TRUCK CENTER, INC. (SET ONE) BY GREY-CON CONSTRUCTION, INC. Tentative Ruling: With respect to the substantive portions of the motions to compel the Form Interrogatories and Requests for Admissions, the Court denies the motions to compel as moot. Per the opposition of Defendant Norco Truck Center, Defendant submitted responses to Pl...
2023.09.07 Motion for Reconsideration Ruling on Demurer to SAC 332
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.07
Excerpt: ... overruled the demurrer on the basis that Plaintiff did not exhaust administrative remedies under CCP 5403.41(b). The court overruled the demurrer as to the first, second, fifth, and ninth causes of action. The court sustained the demurrer with leave to amend as to the eighth cause of action. Defendants bring the instant motion for reconsideration of the order overruling the demurrer. Defendants contend there may have been a "possible inadvertent...
2023.09.06 Motion to Consolidate 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.06
Excerpt: ...located at 1415 Via Vallarta, Riverside, CA 92505 (the "Property"). (FAC "1 3, 9.) Amie purchased the Property in 2015 for $555,C03 with cash and a private loan of $45WN secured by a deed of trust ("2015 Deed of Trust"). (ld. at 11.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, alleges an interest in the Property. (ld.) Defendant Karen...
2023.09.01 Motion to Compel Further Responses 618
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.01
Excerpt: ...filed the complaint (the "Complaint") on February 14, 2022 against defendant General Motors LLC ("GM"). Plaintiff alleges that on March 2, 2019, she purchased a 2017 Chevrolet Camaro (the "Subject Vehicle") and received a written warrantyfrom GM. (Complaint, 11'18-9, 17.) Plaintiff alleges that the Subject Vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects, including transmission and str...
2023.08.30 Motion to Compel Deposition, for Sanctions 372
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.30
Excerpt: ...intiff Heather Chacon ("Plaintiff") tripped and fell on the premises of the Rustic Lane Elementary School. Plaintiff retained Defendants Gerald Marcus and the Law Offices of Gerald Marcus ("Defendants"). Defendants served complaints under the Government Claims Act on the City of Riverside, Jurupa Valley Unified School District and the County of Riverside, and, after the claims were rejected, filed a civil action against these entities. However, i...
2023.08.29 Motion to Strike, Demurrers 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.29
Excerpt: ... BEYER, ET AL Tentative Ruling: As to Defendant Lending Bee, the Court sustains the demurrer with 30 days leave to amend as to the third, sixth, and seventh causes of action; all other aspects of the demurrer are overruled. The Court finds the motion to strike is moot. As to Defendants Beyer, et al, the Court overrules the demurrer. As the Plaintiff is granted leave to amend as to Lending Bee's demurrer, Defendants Beyer et al. shall file their a...
2023.08.29 Demurrers 291
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.29
Excerpt: ...As the Court would prefer to decide this issue on the merits, the Court shall order Plaintiff to file the opposition within 3 court days, and the Court shall set Ford's demurrer on September 11, 2023, at 8:30am. The Court sustains the demurrer to Defendant Rancho Ford's demurrer with 20 days leave to amend, after the hearing on Ford's demurrer. Factual / Procedural Context: Plaintiff Jose Frutos alleges that on 4/24/22, he purchased a 2021 Ford M...
2023.08.28 Motion for Reconsideration 274
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.28
Excerpt: ...23.030, 2023.040, and 2031.320 for Plaintiff's failure to produce his vehicle for inspection on February 10, 2023. Plaintiff failed to file an opposition which was due June 28, 2023, and on July 12, 2023, Judge Lydia Villareal (a rebred judge who is not available) heard and granted Defendants an award of sanctions in the amount of $2,361 (as opposed to the requested $4,736). Plaintiff moves the court for reconsideration of that order based on the...
2023.08.28 Motion for Attorney Fees 676
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.28
Excerpt: ...g on May 19, 2023: The Court would note, however, that with respect to the attorney fees or costs, the bankruptcy stay would preclude the Court from awarding said fees. In this case, the appeal was filed and pending before the filing of the involuntary Chapter 7 bankruptcy petition, and any action to recover costs which were incurred at the prepetition stage, at this juncture, may constitute a claim against the debtor to collect a debt. "[A] 'cla...
2023.08.25 Motion to Compel Further Responses 810
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.25
Excerpt: ...Chevrolet Traverse ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant" or "GM") authorized repair facility on numerous for the various defects, including the transmission, sus#nsion, electrical, engine, and emission system defects. (Complaint, 94.) Various defects pe...
2023.08.24 Motion for Summary Judgment 237
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.24
Excerpt: ...eterle Trust dated October 23, 2012 and Jacqueline Dieterle Trust dated October 29, 2012 alleges that he owns four parcels of vacant property located at the northwest corner of Clark Street and Martn Street in the City of Perris. (First Amended Complaint ("FAC"), "1 2, 3.) Defendant Delfino aasbdas ("Bastidas") owns the property directly north of Plaintiff's property, defendant Lesli Meza Madrid ("Meza" or "Defendant") owns the property directly ...
2023.08.23 Motion for Judgment on the Pleadings, to Strike Complaint 936
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.23
Excerpt: ...20 days. The Court is mindful the parties have a case management hearing set today. To allow the parties to get the case at-issue and complete discovery, the Court shall continue the case management hearing to December 7, 2023 at 8:30am. All parties are ordered to file u#ated CMC statements prior to that date. Factual / Procedural Context: On July 12, 2020, Plaintiffs purchased a 2020 Chevrolet Silverado. (Complaint at '1 11.) On February 24, 202...
2023.08.23 Demurrer to TAC, Motion to Strike 541
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.23
Excerpt: ...use of action as to Torres. The Court sustains the demurrer to the fifth cause of action regarding Regents. Unless Plaintiff can articulate facts to cwercome a subsequent demurrer, the Court sustains these causes of action without leave to amend. The Court overrules the remainder of the demurrer. The Court denies the motion to strike. Factual / Procedural Context: This is case arises out of Manuela Martins-Green's ("Plaintiff") employment (and in...
2023.08.22 Motion to Compel Production of Docs 653
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.22
Excerpt: ...he motion as to RFP no. 5. The Court denies the entirety of the motion to compel further responses to special interrogatories. The Court denies both parties' requests for sanctions or costs. TSC — Arbitration Venue Furthermore, the Court is mindful that on today's calendar is a trial setting conference, however, the parties indicated that they would submit to binding arbitration with a bar association. The issue is what the proper venue should ...
2023.08.22 Demurrer to FAC 812
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.22
Excerpt: ...herd, Inc. and Nader Habil, allege that Shepherd was formed to purchase certain business assets from Defendants, Magdy Helmy Baskharoon (Baskharoon) and Select Investments, LLC (Select), who owned and operated Norco Tobacco & Mini Mart located on Hamner in Norco. Defendants allegedly sold the business including certain trade fixtures among other assets to Plaintiffs for $165,000. As conditions of sale, Defendants made representations and warranti...
2023.08.21 Motion to Lift Stay on Discovery 444
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.21
Excerpt: ...(2) nuisance per se; and (3) unlawful business practices. Plaintiffs allege that Defendants Juan Carmelo Nunez, Adriana Nunez and Lucy Huidor own commercial real property in Jurupa Valley that is subject to a deed of trust by Peter A. Corti and UJius Corn trustees under the Peter A. and Lois M. Corti Family Trust. City conducted an inspection finding unpermitted electrical conduits, connections modifying the existing electrical panel, and a large...
2023.08.18 Motion to Compel Further Responses 365
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.08.18
Excerpt: ...If the meet and confer efforts are not successful, the Court invites the parties to engage in an informal discovery conference prior to filing another motion to compel. Factual / Procedural Context On July 10, 2021, Plaintiff leased a new 2021 Hyundai Kona EV. Plaintiff alleges that during the warranty period the vehicle contained or developed defects. Plaintiff presented the subject vehicle to Defendant's authorized repair facility on numerous o...

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