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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...
2023.12.21 Motion for Summary Judgment 734
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.21
Excerpt: ...ir reply. As the defects these objections are directed to are easily fixable (and if remedied, the expert declaration is likely sufficient to create a triable issue of material fact), the motion is continued to allow Plaintiff to submit the necessary evidence to properly support her expert's opinion. A. General Objection to Plaintiff's Declaration Defendants first raise a general objection to Plaintiff's declaration, in which she disputes certain...
2023.12.20 Motion to Vacate Arbitration 675
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.20
Excerpt: ...les of justice and equity ... paths neither marked no traceable by judicial review." (Moncharsh v. Heily & Blase (1992) 3 cal.4th 1, 11; Noguerio v. Kaiser Found. Hospitals (1988) 203 cal.App.3d 1192, 1195.) Courts will not review the validity of the arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Moncharsh v. Heily & Blasé, supra, 3 Cal.4th at 12-13.) By agreeing to arbitration, parties agree to bea...
2023.12.18 Motion to Tax Costs 670
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.18
Excerpt: ...e the initial filing fee is the only amount that has been properly documented. Defendants argue fees to download copies of documents from the court are not recoverable because they are not filing or motion fees. In Opposition, Plaintiff provides invoices to support the following costs: 1. Legal Lawgic eFiling (11/1/23): $43.70 2. Legal Lawgic eFiling (10/26/23): $43.70 2 Even if the Court was inclined to find that Defendant's had met their burden...
2023.12.18 Motion for Summary Judgment 805
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.18
Excerpt: ...(2001) 25 Cal.4th 826, 855.) The California Supreme Court has held that the conduct of teachers who sexually molest students under their supervision will not be imputed to school districts to permit recovery by injured students from the employing districts under the doctrine of respondeat superior. (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447-52; Kimberly M. v. Los Angeles Unified School Dist. (1989) 215 Cal.App.3d 545, 547-...
2023.12.15 Demurrer 019
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.15
Excerpt: ...project contained a fungus that caused Valley Fever; he contracted Valley Fever; his predecessor at the project also contracted Valley Fever; Defendants did not inform Plaintiff about the predecessor or that he had Valley Fever; and his symptoms got worse. (Complaint at "1 12-22.) However, there are no allegations indicating Defendants knew the fungus that caused Valley Fever was in the soil at the project, that they knew how Plaintiff's predeces...
2023.12.14 Motion for Preliminary Injunction 123
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.14
Excerpt: ...e habitually practiced and carried on as a business."' " Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1787. One wrongful act does not show acts of lewdness that are habitually practiced and carried on as a business. "The Red Light Abatement Law declares to be a public nuisance any place which is used for the purpose of lewdness, assignment or prostitution." People ex rel. Hicks v. Sarong Gals (1972) 27 Cal.App.3d 46, 50. There is no evide...
2023.12.14 Motion for Summary Adjudication 074
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.14
Excerpt: ... and Second (Money Had and Received) Causes of Action. Compliance with CRC Rules 3.1350(b) and 3.1350(h) he Notice of Motion ("Notice") filed by Plaintiff states that it is seeking summary adjudication as to the following two issues: (1) Defendants have no defense to Plaintiff's first cause of action for breach of written contract, and (2) Defendants have no defense to Plaintiff's second cause of action for common count (money had and received). ...
2023.12.11 Petition to Compel Arbitration 315
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.11
Excerpt: ...as properly been established that an arbitration agreement existed between the parties. Here, the only evidence of Campagna's alleged incapacity to contract is the declaration from his son, Thomas Keith Campagna. He claims his father lacked capacity to enter into an arbitration agreement at the time it was executed because he was 92 years old, suffered from McCardles disease, and had just endured a six- hour flight from New York to California. Th...
2023.12.01 Motion for Reconsideration of Order Awarding Sanctions 879
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.12.01
Excerpt: ...ry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." 1 CCP S 1008 gives the court no authority when deciding whether to grant a motion to reconsider to 'reevaluate' or 'reanalyze' facts and authority already presented in the earlier motion." (Crotty v. Trader (1996) 50 Cal.App.4th 755, 7...
2023.11.22 Motion to Add Indispensable Party 489
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.22
Excerpt: ...laŸng to the subject of the acŸon and is so situated that the disposiŸon of the acŸon in his absence may (i) as a pracŸcal ma©er impair or impede his ability to protect that interest or (ii) leave any of the persons already parŸes subject to a substanŸal risk of incurring double, mulŸple, or otherwise inconsistent obligaŸons by reason of his claimed interest. If he has not been so joined, the court shall order that he be made ...
2023.11.14 Motion to Compel Further Responses 557
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.14
Excerpt: ... during the relevant time frame]. Request 33- Any and all audio or video tape recordings involving any discussions concerning the SUBJECT VEHICLE. Request 66- YOUR dealership agreement with Moss Bros. Chrysler Dodge Jeep Ram Riverside, in Riverside, California. These requests specifically relate to the subject vehicle, the repair facility and/or the warrant and procedures directly related to the vehicle. FCA fails to justify its objections (RFP 8...
2023.11.07 Motion to Require Furnishing of Security 935
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.07
Excerpt: ...exatious litigant and "there is not a reasonable probability that she will prevail in the litigation against the moving defendant." (CCP S 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (CCP S 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (CCP S 391.4.) Page 3 ...
2023.11.06 Motion for Approval of Litigation Fees 386
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.06
Excerpt: ...citations omitted.) C.C.P. S 1021 states: "Except as attorney's fees are specifically provided for by statute, the measure and mode of com#nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." (Ibid.) A prevailing party in an action can recover costs, including attorney's fees, only if authorized by contr...
2023.11.02 Motion for Summary Judgment, Adjudication 002
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.11.02
Excerpt: ... Deny Plaintiffs' request for judicial notice as to Exhibits A, D, and G. Grant the moton. The court denies the request to take judicial notice of Plaintiffs' RJN Exhibit A, the Health Canada Omniscan label from 2014. Accordingly, Plaintiffs have not provided any other evidence of "newly acquired information" that GEHC had, so the motion is properly granted. Evidence Code 5452(f) permits a court to take judicial notice of "[tlhe law of an organiz...
2023.10.25 Demurrer, Motion to Strike 320
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.25
Excerpt: ...nt contains conclusory allegations that Defendants acted intentionally, deliberately, recklessly or simply failed to act (951-52), but these conclusory allegations are not sufficient as no facts of intentional conduct are pled. For this reason, the demurrer is sustained as to the First Cause of Acton. The Fifth Cause of Action makes the same allegations as the negligence claim, to which no demurrer is brought. The nuisance claim is based on the g...
2023.10.24 Motion to Compel Production of Docs 251
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.24
Excerpt: ...nlike a privilege, the protection is qualified and disclosure may occur to serve a "compelling state interest." (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855-855 [applying a balancing test to determine if the need for discovery outweighs the privacy rights of third partiesl.) under Britt, the court conducts a balancing of the competing interests. "On occasion [a party s] privacy interests may have to give way to [thel opponent's right to a ...
2023.10.17 Demurrer, Motion to Strike 319
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.17
Excerpt: ...ired by statute. The hearing on the demurrer is continued to 11/21/2023 8:30AM. Defendants are ordered to meet and confer with Plaintiffs by phone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, Defendants shall identify all of the specific causes of action that they believe are subject to demurrer and identify with le...
2023.10.17 Demurrer 259
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.17
Excerpt: ...its entirely with leave to amend. 1st Cause of Acton for Slander: Under Civil Code S 46, slander is "a false and unprivileged publication, orally uttered .. .." False statements charging the commission of a crime or tending to injure a plaintiff in respect to his profession by imputing dishonesty or questionable professional conduct are defamatory per se. (Burrill v. Nair (2013) 217 Cal.App.4th 357, 382.) In this case, Plaintiff alleges that "Def...
2023.10.12 Motion to Strike Complaint 946
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.12
Excerpt: ... meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow defense counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. To support a demand for punt-ive damages under Civ. Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in (Civ. Code 53294(c).) As defined in t...

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