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2021.05.18 Demurrer 830
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.05.18
Excerpt: ...tiff experiences a contemporary sensory awareness of the causal connection between the defendant's infliction of harm and a close relative's injury. (Fortman v. Forvaltningsbolaget Insulan AB (2013) 212 Cal.App.4th 830, 836; see also Ko v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, 1159 (Ko).) As to these Defendants, Plaintiff Downey alleges that she was on the phone with her daughter, Plaintiff Vance, when the dangerous conditio...
2021.05.17 Motion to Tax or Strike Costs 692
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.05.17
Excerpt: ...dant's time to reply was extended by two court days based upon electronic service, but Plaintiff presents no authority under which Defendant could not rely on the mail service deadline. Moreover, Plaintiff's substantive opposition waived any defect or irregularity in the filing and service of the motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Defendant has the burden to establish Plaintiff's claimed deposition costs are unreasonab...
2021.05.17 Motion to Compel IME 774
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.05.17
Excerpt: ...d the examination. The exam may be audio‐recorded, but not video‐ recorded. (Code Civ. Proc., § 2032.530, subd. (a); see also Baqleh v. Superior Court (2002) 100 Cal.App.4th 478, 492.) Plaintiff is correct that the court lacks jurisdiction to compel participation by the parents. However, if the parents refuse to facilitate the IME, the court has jurisdiction to impose discovery sanctions, including monetary, evidentiary, issue, and terminati...
2021.05.14 Request for Preliminary Injunction 547
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.05.14
Excerpt: ...nd sustains the remaining objections for lack of foundation. The court sustains all of Defendants' objections to the declaration of Elias Teshome for lack of foundation. Plaintiffs have shown a reasonable probability of prevailing on the merits. The declaration of Chris L. Boulter, the Custodian of Records for Val‐Chris Investments, Inc., includes an escrow closing statement from June 2011. The closing statement shows that Plaintiffs paid $289,...
2021.05.06 Anti-SLAPP Motion to Strike Complaint 726
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.05.06
Excerpt: ...showing that the challenged cause of action arises from protected activity. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Code Civ. Proc., § 425.16, subd. (b)(1).) If Defendants meet this burden, the court determines whether Plaintiffs can demonstrate a reasonable probability of prevailing in the action. (Id., at pp. 88–89.) Plaintiffs' first cause of action alleges a violation of 42 U.S.C. § 1983 against individual Defendants Fine and Amer...
2021.04.23 Demurrer 551
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.23
Excerpt: ...tent. Plaintiff generically pleads that the “2014‐2019 Chevrolet Silverados have had problems just like those experienced by Plaintiff; namely shaking, vibration, shuddering, jerking, and rough shifting. This problem is so well known and pervasive that it has been given several catchy names, including the ‘Chevy shake,' and the less humorous term ‘death wobble.' GENERAL MOTORS LLC is well aware of the problems experienced by customers, an...
2021.04.15 Application for Preliminary Injunction 719
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.15
Excerpt: ...he Property and to take necessary steps to evict tenants. Although the order commands Defendant, “to show cause why a preliminary injunction should not be ordered restraining you and enjoining you,” the proposed orders do not appear to restrain or enjoin conduct. They appear to mandate it: 1. Maintain, repair and replace [the Property] in a clean manner … and in compliance with [CCRs]…. 2. Provide the Association access to the Property on...
2021.04.12 Demurrer, Motion to Strike 802
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.12
Excerpt: ...n of emotional distress, the court previously sustained a demurrer without leave to amend. For the second and fifth causes of action, fraud and negligent misrepresentation, Plaintiff alleges: 1. Rizo, acting as an agent of FPR, gave a repair estimate for water damage. 2. Rizo misrepresented that he and FPR would rent Plaintiff some drying fans and allow Plaintiff to return the fans as soon as the walls were dried, and that FPR would clean and res...
2021.04.08 Demurrer, Motion to Strike 689
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.08
Excerpt: ...ruth of the contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege ...
2021.04.06 Motion for Attorney's Fees 701
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.06
Excerpt: ...ame moot, Petitioner could be the prevailing party. (Midpeninsula Citizens for Fair Hous. v. Westwood Investors (1990) 221 Cal.App.3d 1377, 1392, fn. 3; see also Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553 (Graham).) Petitioner sued because the City required her to get a WVAP for her dog, and the City denied her request for a hearing on the WVAP's necessity. Petitioner's claims had merit: the City challenged her pleadings and lost. Peti...
2021.04.06 Demurrer, Motion to Strike 690
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.06
Excerpt: ...he contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege a direct ...
2021.04.05 Demurrer, Motion to Strike 692
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.05
Excerpt: ...he truth of the contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs all...
2021.04.02 Petition for Writ of Mandate 404
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.02
Excerpt: ...ings in Exhibits 4 through 15, the court takes judicial notice of the filings but not the facts alleged in those filings. (Evid. Code, § 452, subd. (d); see Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113.) For the balance of the request for judicial notice, the court denies the request and sustains Petitioner's objections. The court sustains Petitioner's objections to AOE exhibits 23, 29, and 36. Addressing the mer...
2021.04.01 Demurrer 830
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.04.01
Excerpt: ...ss of the causal connection between the defendant's infliction of harm and a close relative's injury. (Fortman v. Forvaltningsbolaget Insulan AB (2013) 212 Cal.App.4th 830, 836; see also Ko v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, 1159 (Ko).) As to these Defendants, Plaintiff Downey alleges that she was on the phone with her daughter, Plaintiff Vance, when the dangerous condition of Defendants' property caused a collision. A...
2021.03.22 Motion for Summary Judgment 177
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.03.22
Excerpt: ...employee to seek recovery of tort damages from the person who hired the contractor but did not cause the injuries. (Privette, supra, 5 Cal.App.4th at p. 702, emphasis added.) Defendant must establish, by admissible evidence, that there was an independent contractor. Defendant has failed to do so. Defendant contends that Defendant hired Desert Power as an independent contractor. Labor Code section 2750.5 requires Defendant to present admissible ev...
2021.03.19 Motion for Summary Judgment 177
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.03.19
Excerpt: ...employee to seek recovery of tort damages from the person who hired the contractor but did not cause the injuries. (Privette, supra, 5 Cal.App.4th at p. 702, emphasis added.) Defendant must establish, by admissible evidence, that there was an independent contractor. Defendant has failed to do so. Defendant contends that Defendant hired Desert Power as an independent contractor. Labor Code section 2750.5 requires Defendant to present admissible ev...
2021.03.09 Demurrer 782
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.03.09
Excerpt: .... (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For the first cause of action under Civil Code section 1708, the fifth cause of action under Code of Civil Procedure section 366.2, the sixth cause of action under Code of Civil Procedure section 708.210, and the seventh cause of actions under Code of Civil Procedure section 22, those sections do not establish causes of action. For the second cause of action under the Fourth Amen...
2021.03.01 Demurrer 288
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.03.01
Excerpt: ... as to the third cause of action, intentional infliction of emotional distress. The court grants Defendant's request for judicial notice as to Exhibit A, but not judicial notice of the truth of its contents. The court grants the request for judicial notice as to Exhibit B. For the first cause of action, Plaintiffs allege no facts showing that Defendant had a mandatory duty to preserve Plaintiffs' “quasi‐property” rights to decedent's remain...
2021.02.25 Demurrer 956
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.25
Excerpt: ...der or dependent adult (if the plaintiff alleges oppression, fraud or malice) or with conscious disregard of the high probability of such injury (if the plaintiff alleges recklessness) [citations].” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406‐07.) Plaintiff must allege with particularity the reckless, oppressive, or malicious conduct. (Id. at 410.) To impose elder abuse damages and attorney fees on an emplo...
2021.02.24 Motion for Summary Adjudication 390
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.24
Excerpt: ...irst and second causes of action, age discrimination and age harassment, Plaintiff failed to exhaust administrative remedies. Plaintiff filed the original Department of Fair Employment and Housing (DFEH) complaint on February 23, 2018. That complaint makes no allegations of age discrimination. (Defendants' Request for Judicial Notice (RJN) Ex. B.) Plaintiff says nothing about age until he amends the DFEH complaint on February 8, 2019. (Defendants...
2021.02.22 Demurrer 840
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.22
Excerpt: ...s liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff argues these statutes in the opposition, but does not allege liability under these statutes in this cause of action. Even if Plaintiff were to amend the Second Amended Complaint (SAC), Plaintiff's allegation would be that the District was vicariously liable for the negligent hiring and supervision of the employees who failed to supervi...
2021.02.19 Demurrer 840
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.19
Excerpt: ...s liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff argues these statutes in the opposition, but does not allege liability under these statutes in this cause of action. Even if Plaintiff were to amend the Second Amended Complaint (SAC), Plaintiff's allegation would be that the District was vicariously liable for the negligent hiring and supervision of the employees who failed to supervi...
2021.02.19 Demurrer 244
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.19
Excerpt: ...l districts are not business establishments under the Unruh Act”].) The court finds no reasonable possibility that Plaintiff can allege facts that would show that the individual defendants would be liable under the Act. For the fourth and seventh causes of action, because demurring defendants are amended Doe defendants, the Second Amended Complaint does not allege that they are teachers or coaches or what other position they held. The court fin...
2021.02.09 Motion for Attorney's Fees 634
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.09
Excerpt: ... The court has no tentative ruling on the reasonableness of the hours billed because the judge did not receive the supplemental declaration of Timothy Loose until late morning on February 8, even though the document was filed and served on February 4. The court sustains Defendants' objection to the submission of additional evidence with the reply (the declaration of Defendants' counsel Rod Pacheco in an unrelated matter). The previous tentative r...
2021.02.08 Motion for Summary Judgment, Adjudication 677
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2021.02.08
Excerpt: ...uest for judicial notice. The court sustains Plaintiff's evidentiary objection to Exhibit B of Daniel Hakhamzadeh's Declaration. Because the exhibit is an uncertified transcript, it cannot be cited. (Code Civ. Proc., § 2025.540, subd. (b).) The court sustains Plaintiff's evidentiary objections as to personal knowledge, foundation, and hearsay as to paragraphs 5, 7, 8, 9, and 10 of Robert E. Presby's Declaration. Presby declares that he maintains...

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