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2024.05.14 Demurrer 099
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.14
Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...
2024.05.13 Motion for Leave to Amend Answer on Complaint 266
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.13
Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great l...
2024.05.10 Petition Re Arbitration Award 787
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.10
Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...
2024.05.10 Motion for Reconsideration 302
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.10
Excerpt: ...the trash bin gat e, which started leaning toward him. Martin tried to hold the gate with his arm and knee, but it fell on him striking his left knee and body. He alleges the gate was in a dangerous condition, which Defendants, SCI and Santiago Estates of Pedley (SEP) had a duty of care to maintain in a safe condition. Plaintiffs allege that Defendants knew or should have known that the subject premises were in a dangerous and unsafe condition. P...
2024.05.08 Motions to Compel Deposition, for Summary Judgment, Adjudication 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.08
Excerpt: ... by the Court, contempt sanctions may be issued. Motion to Compel the Deposition of Ata Rabbie – The Motion to compel third party Rabbie's deposition is granted. Defendant is allowed to take the deposition of Mr. Rabbie after the discovery cutoff. The witness is o rdered to appear for deposition within 10 days of this order. If the witness fails to appear as ordered by the Court, contempt sanctions may be issued. Motion for Summary Judgment/Adj...
2024.05.07 Demurrer on FAC 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.07
Excerpt: ....5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against Defendants, including Providenc...
2024.05.03 Motion for Preliminary Injunction 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.03
Excerpt: ...“on the same terms” as their previous extensions. Plaintiffs fourth supplemental brief filed on 2/27/24 provides a concise recitation of the allegations and evidence to support each of the claims now asserted in the FAC. In the supplemental brief filed on 4/5/24, P laintiffs argue the discovery disputes manufactured by Defendants are a distraction and only seek to obtain evidence to support their counterclaims, which are not relevant to Pla...
2024.05.02 Motion to Strike Doe Amendments 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.02
Excerpt: ...it lost over $82,000 t hat it expended in pre-development expenses and lost profits in excess of $4.82 million. On January 10, 2022, Plaintiff filed the original complaint alleging contract and fraud related claims against Balcor. In February 2022, Balcor sold the subject prope rty to another buyer, Cook Capital Fund, who assigned the sales contract to Reed Street LLC, which later changed its name to Pacific Homes at Magnolia, LLC (collectivel...
2024.05.02 Demurrer on FAC 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.05.02
Excerpt: ...bestos Cases (2018) 28 Cal.App.5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dick ey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against ...
2024.04.30 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.30
Excerpt: ... Claudio fil ed his moving papers arguing the primary issue in this matter is ownership of BPI. Claudio seeks a PI restraining Pablo from: (1) conducting or attempting to conduct any “Special Meeting of the Board of Directors” for BPI, originally noticed/scheduled for March 7, 2024 at 12:00 P.M.; (2) noticing, attempting to conduct or conducting any meeting of the Board of Directors of BPI, where one or more persons participating as “Direc...
2024.04.30 Demurrer 919
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.30
Excerpt: ...d John Min ella, which would be added to the latter's existing account and would make payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non -payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint. After the court sustained in part Defendants' demur...
2024.04.29 Motion to Compel Further Responses, for Summary Adjudication 489
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.29
Excerpt: ...��cant delay, other parties to the action may be prejudiced by the withdrawal. Accordingly, more information is needed to determine whether the breakdown of the attorneyclient relationship is irreconcilable. The request for in camera hearing is granted. 2. CVRI2000489 CORONA COMMUNITY VILLAS INC vs CORONA POST ACUTE LLC Motion to Compel Tentative Ruling: Plaintiff Corona Community Villas (“Plaintiff” or “CCV”) is the successor -in -intere...
2024.04.26 Motion to Compel Arbitration 634
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.26
Excerpt: ...(“Defendant”). (Compl. ¶ 6 –7, 12; Kaneko Decl. ¶ 5, Ex. 4.) The Sales Contract included an “Arbitration Provision” which provides, in relevant part as follows: 1. Either you or we may choose to have any dispute between us decided by arbitration and not in court or by jury trial. . . . Any claim or dispute, whether in contract, tort, statute or otherwise . . . between you and us . . . which arises out of or relates to your credit appl...
2024.04.26 Motion for Summary Judgment, Adjudication 512
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.26
Excerpt: ...ation: (1) the first and second causes of action based on the report to the California Department of Justice; and (2) the first and second causes of action based on the entry on the County's JIMS website. As to the first issue, Defendant County met its burden of producing evidence demonstrating a complete defense based on the absolute and qualified privilege under Civil Code section 47, subdivisions (b) and (c). Once the burden shifted, Plain...
2024.04.22 Motion to Compel Arbitration 266
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.22
Excerpt: ...ed a ne w 2022 Ford F-150 from Fritts Ford. (Complaint, ¶ 13.) Plaintiffs allege that, the subject vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty includi ng, “screen blacking out, the speakers not working, a crackling noise coming from the passenger speakers, the Vehicle veering side to side when in cruise control, the rear axle hub br...
2024.04.18 Demurrer on TAC 480
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.18
Excerpt: ...operating ag reement that gave Defendant a 100% ownership stake in the dealership despite assurances that it would not change the 50/50 ownership agreement. (TAC ¶ 14 - 16.) Plaintiff further alleges that Defendant knew he suffered from dyslexia and he could deceive him by hiding language deep in the agreement (TAC ¶ 16.) Plaintiff alleges that by the time he realized the deception, it was already too late as Defendant had taken title to all of...
2024.04.18 Anti-SLAPP Motion 022
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.18
Excerpt: ...of harassment by Plai ntiff, which the court ruled in Defendant's favor. (Compl. 1.) Plaintiff alleges that the instant action was filed “as a result of [Defendant's] allegations [in the harassment claim] and the recovered damages collected as a result of the [San Bernardino co urt's] ruling in her favor . . . .” (Id.) On February 26, 2024, Defendant filed a Special Motion to Strike pursuant to CCP § 425.16 on the grounds that Plaintiff's ...
2024.04.17 Motions for Summary Judgment 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.17
Excerpt: ...ntiffs Myeasha Ki mble and William Hillard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the University of California (“Regent”) was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E -Nunu (“E -Nunu”), allegedly orchestrated the hazing and receive...
2024.04.16 Demurrer 514
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.16
Excerpt: ...ey Middle Sc hool Modernization, Phase 3B, Increment 2, New Classroom Buildings BP 15 HVAC” (Project). Plaintiff alleges that the District breached its contract in numerous ways (e.g., failing to timely pay for work performed, failing to execute valid change order requ ests.) Plaintiff filed its Complaint on 12/21/22 alleging a single cause of action for breach of contract. On 1/16/24, the District filed a Cross- Complaint alleging two causes...
2024.04.12 Motion to Stay Action 407
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.12
Excerpt: ...n of the Song Beverly Consumer Warranty Act (the “Song Beverly Act”). In the Complaint, Plaintiff alleges that on October 17, 2021, he purchased a 2021 Forest River Puma (the “RV”) from Beaumont RV. (Complaint at ¶ 4.) In connection with the sale, Forest River provided an express limited warran ty on the RV. (Complaint at ¶ 5.) Beaumont RV sold the RV to Plaintiff with defects in materials and workmanship. (Complaint at ¶ 7.) During th...
2024.04.11 Motion to Abate Due to Non-Joinder, Misjoinder of Parties 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.11
Excerpt: ... are prop erly joined as parties to this action, or, alternatively, an order that the case should be dismissed due to the absence of an indispensable party. Code of Civil Procedure §§367 and 389(b). This motion is made on the grounds that: 1) the current Plaintiffs lack standing and are not the real parties in interest; 2) there has been a misjoinder/nonjoinder of parties. Plaintiff Ludmila Andreeva is the Decedent's mother. Defense counsel...
2024.04.11 Motion for Reconsideration 638
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.11
Excerpt: ... On September 6, 20 23, Defendant moved for summary judgment on the grounds that there were no triable issues of material fact that Defendant did not create any hazard that caused Plaintiff's fall or that they had a reasonable time to discover and correct any hazard. On November 17, 2023, Defendant filed a notice of non- opposition. On November 20, 2023, Plaintiff filed an ex parte application, seeking relief under CCP § 437c(h) for continuanc...
2024.04.09 Motion to Quash Deposition Subpoena 429
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.09
Excerpt: ...ilure to provide rea sonable accommodations in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent retaliation and/or harassment in violation of FEHA; (6) whistleblower retaliation; (7) wrongful termination in violation of public policy; (8) constru ctive discharge; (9) failure to indemnify; and (10) unfair business practices. In the Complaint, Plaintiff alleges that in 2004, she was hired by Defendant as an administra...
2024.04.09 Motion to Compel Deposition of PMK 459
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.09
Excerpt: ... the Subject Vehicle. Plaintiff alleges that during the warranty period, the Subject Vehicle developed several defects and nonconformities to warranty, which Defendant was unable to repair after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle in violation of the Song Beverly Consumer Warranties Act (“Song Beverly Act”). On August 22, 2023, Plaintiff filed a Complaint, alleging (1) B...
2024.04.08 Motion for Summary Judgment 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.08
Excerpt: ...n the campaign. Bennett is a busi ness representative and lawyer for International Brotherhood of Electrical Workers, Local 47 (“Local 47”). Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint on 4/20/22. After the court sustained in part Defendant Local 47's demu r r e r, Plaintiff filed the Second Amended Complaint (“SAC”) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online im...

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