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2024.04.26 Motion for Preliminary Injunction 902
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.26
Excerpt: ...hat the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.” A provisional remedy includes an injunction. (Id. at §1281.8(a)(3).) In order to obtain an injunction, the court must consider the likelihood of success and whether the moving party will suffer irreparable harm if the injunction is not issued. (Jay Baharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443.) The applicant must...
2024.04.24 Demurrer, Motion to Strike 502
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.24
Excerpt: ...aintiff's harm. (CACI 1201; see also Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486, 1500.) The SAC here alleges that Defendant manufactured the battery and it was defective as it was manufactured with wire insulation that was not of adequate resistance and a rem ovable or loose terminal cap (SAC ¶ 24.) It further alleges that Plaintiff was harmed and the defect was a substantial factor in causing the harm. As such, the Demurrer to this c...
2024.04.23 Motion to Dismiss or Stay Action Based on Forum Non Conveniens 830
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.23
Excerpt: ...uit occurre d in Wyoming (Compl. ¶¶ 6, 8– 9); Plaintiff's claims are not time -barred in Wyoming;1 and all Defendants are subject to and have agreed to submit to jurisdiction in Wyoming regarding this lawsuit. (Razavi Decl. ¶ 3; Hahn v. Diaz - Barba (2011) 194 Cal.App.4th 1177, 1190 [“It is well settled under California law that the moving parties satisfy their burden on the threshold suitability issue by stipulating to submit to the juris...
2024.04.22 Motion to Expunge Lis Pendens, for Preliminary Injunction 902
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.22
Excerpt: ...ime to defend the action and a default or default judgment has been entered against him or her in the action...” (C.C.P. § 473.5(a).) “This section is designed to provide relief where there has been proper service of summons (e.g., by substitute service or by publication) but defendant nevertheless did not find out about the action in time to defend.” (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) ¶ 5:420, p. 5 -1222...
2024.04.22 Demurrer, Motion to Strike 175
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.22
Excerpt: ...1) 91 Cal.App.4th 875, 881.) “It is not sufficient that the complaint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) Fraud is subject to a 3 -year statute of limitations from the date of discovery. (C.C.P., §338(d).) “The discovery rule provides that the accrual date of a cause of action is delayed until the plaintiff is aware of her injury and its negligent cause.” (Jolly v. Eli Lilly & Co. (1988) 44 ...
2024.04.19 Demurrer 832
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.04.19
Excerpt: ...“IIED”); 6th Caus e of Action for Violation of the Ralph Act [California Civil Code §51.7]; and 7th Cause of Action for Gender Violence in Violation of California Civil Code § 52.4 “[A]n employer is vicariously liable for the torts of its employees committed within the sco pe of the employment.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296 (Lisa M.).) An employer's vicarious liability may extend to an empl...
2024.03.28 Motion for Attorney Fees 121
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.28
Excerpt: ...are entitled t o reasonably incurred costs, including attorney's fees. Counsel provided detailed billing records showing a lodestar total of $104,626.50 based on 256.9 hours. (Kirnos Decl., Ex. A.) Defendant argues that hours are excessive due to overstaffing by 17 atto rneys. “[I]t is appropriate for a trial court to reduce a fee award based on its reasonable determination that a routine, noncomplex case was overstaffed to a degree that signi�...
2024.03.26 Motion for Attorney Fees 074
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.26
Excerpt: ...ff's first (breach of written contract) and second (money had and received) causes of action are based on the terms of the Lease entered between the parties. (FAC ¶¶ 14 –16, 19.) With respect to the first cause of action, the FAC alleged that “Defendants and each of them br eached the Lease on or about August 2, 2022 . . . by failing and refusing to compensate and reimburse Plaintiff for the damage Plaintiff has incurred as a result of th...
2024.03.25 Special Motion to Strike 760
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ...xpenditures, does not make every proposed action by the administrative board a petitioning activity before a governmental entity. Here administrative board meetings of a non -profit organization, even one whose fiscal sponsor and oversight falls to a City, cannot be de emed part of any “legislative,” “judicial,” or “official” proceeding, or indeed any proceeding “authorized by law” and reviewable by writ of mandate. (See Slaught...
2024.03.25 Motions for Summary Judgment 830
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ... (C.C.P. § 437c(q).) Plaintiffs object to Vance and Downey's own deposition testimony. These are not welltaken and are overruled. Plaintiffs objections to portions of the traffic collision report regarding the officer's conclusion that Vance caused the collision by fa iling to stop at the stop sign at Via Zapeda and Canyon Crest Drive are sustained as hearsay. (People v. Sanchez (2016) 63 Cal.4th 665. 694695.) The objections to the declarations ...
2024.03.25 Demurrer, Motion to Strike 397
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.25
Excerpt: ...ims XP breached the Contract by entering into an agreement with Safeco to with regard the value of the property without his consent in violation of Section 18(J) of the NAIC Model Laws, Regulations, Guidelines and Other Resources (October 2015), which provides that an adjuster may not agree to any loss settlement without the insured's knowledge or consent. (FAC, ¶31.) However, Plaintiff does not point to any contractual terms relating to Claims ...
2024.03.14 Motion to Enforce Settlement Agreement 643
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.14
Excerpt: ...mounts, and is reluctant to accept the funds because of a potential fee dispute (¶ 16), as hearsay, as well as lacking foundation and personal knowledge. The statements are hearsay and do not appear to fall within any exception, so the objections are sustained. II. C.C.P . § 664.6 C.C.P. section 664.6 provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before th...
2024.03.13 Motion for Summary Judgment 061
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.13
Excerpt: ... expert testimo ny to create a triable issue of fact regarding either the standard of care or the causation of her injuries. (Hakhamian Dec.) A dentist is required to have and to use that degree of learning and skill ordinarily possessed by dentists of good professional r eputation practicing in the vicinity. (Barham v. Widing (1930) 210 Cal. 206, 213). Failure to use such ordinary skill and care in the application of such knowledge renders a den...
2024.02.29 Motion for Leave to Take Limited Discovery 760
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.29
Excerpt: ...” notwithstanding the s tay. (CCP §425.16(g).) The court should allow reasonable and specified discovery “when evidence to establish a prima facie case is reasonably shown to be held, or known, by defendant or its agents and employees.” (Lafayette Morehouse, Inc. v. Chronicle Pub lishing Co. (1995) 37 Cal.App.4th 855, 868.) To show good cause, however, plaintiff must make a prima facie showing at least as to the elements of the claim for ...
2024.02.23 Motion to Quash Service of Process or for Discretionary Relief 870
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.23
Excerpt: ...th 97, 113.) Her e, Defendant, Wanhoo, requests the Court take judicial notice of: 1) a print -out from the California Secretary of State's website of the Statement of Information for Wanhoo, LLC, filed on 7/22/22; 2) the subject POS filed on 12/8/22; 3) three invoices issu ed by Cheung & Chu, CPA to Wanhoo, LLC, in 2022 and 2023, for accounting services; and, 4) a letter dated 11/15/23 from Wanhoo's counsel challenging substitute service as im...
2024.02.16 Motion for Summary Judgment 321
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.16
Excerpt: ...f Expert Mark Blanchette on grounds stated. Declaration of Mark Giannamore: OVERRULE Objections Nos. 1-9. SUSTAIN Objections Nos. 9-14 on grounds stated. Declaration of Mark Burns: SUSTAIN Objections Nos. 15, 17, 19 (1st), 19 (2nd), 20 ,21 and 22 on grounds stated. [The Court notes that in there is no Objection 16 indicated in the objections, and that there are two Objections Nos. 19, identified here as "19(1st) and IS(2nd). OVERRULE Objection No...
2024.02.15 Motion to Compel Neuropsychological IME 776
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.15
Excerpt: ...ostic tests and procedures, conditions, scope, and nature of the examination. CCP § 2032.320(d). It is unclear what types of tests and what neurological issues the examination will cover. In reply, Defendants make no attempt to fix this issue, even though it is pointed ou t by Plaintiff. Based on this alone, the motion must be denied without prejudice. Defendants' request that Plaintiff be precluded from audio recording the examination is also ...
2024.02.06 Demurrer on FAC, Motion to Strike 108
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.02.06
Excerpt: ...he FAC is uncertain based on incorporating by reference paragraphs. (See FAC, ¶¶ 45, 70, 79, 89, 111, 124, 140, 145, 155, 163, 168.) Incorporating by reference is a common pleading practice and the demurrer is overruled to the extent it is based on this practice. Defendant also contends that Plainti¯s fail to state who the eighth, ninth, tenth, eleventh, and twelfth causes of action are brought by. Typically this is indicated in the heading t...
2024.01.29 Demurrer on FACC 180
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.29
Excerpt: ...olved in a project, Ro cket must b e named as an addition al insured under the subcontractor's policy or the SNIC Policy does not apply to the occurrence and thus there is no coverage. (FACC, Exh. B.) SNIC argues Rocket's ailure to allege it was an additional insured under Divine's policy means that Rocket has not stated a cause o action. However, SNIC cites to no authority requiring it to make such a speciÞc allegation. Indeed, Rocket's alleg...
2024.01.25 Motion for Summary Judgment 633
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.25
Excerpt: ...stantial cause of Plaintiffs injuries. Defendants' Evidentiary Objections. The matters to which objections are made were not material to the preparation of the analysis on this motion, and therefore are overruled on such grounds. Objections not ruled upon by the trial court are presumed overruled and preserved for appellate review. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [summary judgment motionl.) l. Defendants met their initial bur...
2024.01.25 Motion for Preliminary Injunction 134
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.25
Excerpt: ... injunction: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued." (Smith v. Adventist Health System/west (2010) 182 Cal.App.4th 729, 749.) This test functions on a sliding scale, such that a greater showing on one factor ...
2024.01.16 Demurrer 746
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.16
Excerpt: ...lleged injury that served as the basis for her claims in Henry v. Henry, RIC1906267. (See, RFJN, Exs. 1, 5.) Additionally, Defendant was also a defendant in that action. However, while the Court entered judgment against Plaintiff in RIC1906267, that judgment is currently on appeal. Under California law, a judgment is not final for purposes of res judicata during the pendency of and until the resolution of the appeal. (The Inland Oversight Comm. v...
2024.01.04 Motion to Stay Action 459
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.04
Excerpt: ...9.) Because Jayco seeks to stay the action rather than dismiss, this Court will retain jurisdiction and Plaintiffs may move to lift the stay if the Indiana court refuses to apply California law. (See Investors Equity Life Holding Co. v. Schmidt (2015) 233 Cal. App. 4th 1363, 1376.) Because Jayco stipulates to the application of California law, it has met its burden of establishing that the forum selection will not result in the loss of any statut...
2024.01.03 Motion for Summary Judgment 321
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.03
Excerpt: ...e moving Declaration of Mark Blanchette, who earned a Ph.D. in Biokinesiology with specialization in Biomechnics and has experience with premises liability accidents, etc. (See Ex. I to moving Compendium of Exhibits.) The evidentiary objections are based on lack of personal knowledge (Ev. Code SS 702, 800), and improper expert opinion (Ev. Code S 803.) For example: Objection No. 1 to entire Blanchette Declaration. As to lack of personal knowledge...
2024.01.02 Motion to Compel Arbitration 147
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.01.02
Excerpt: ...Gregory Nylen, which the court rules on as follows: 1. SUSTAIN 2. OVERRULE Here, Plaintiff's claims fall into two categories—individual and derivative. Plaintiff's individual claims are clearly covered by the Arbitration Agreement. As to the derivative claims, it is well established that the initiator of a derivative suit "stands in the shoes" of the company whose rights such person seeks to enforce, and "[t]he causes of action do not belong to...

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