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2023.03.20 Motion to Compel Responses 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.20
Excerpt: ...ue is the same single sentence regarding the California Department of Health Care Services investigation. But, Plaintiff provided a full response as to each interrogatory. Defendant fails to take the context of the response, and contrary to its assertion, it is not vague or non-responsive. The motion is denied. The court sanctions Defendant and its counsel $450.cn 2. CVR12104084 ANDREEVA vs MALIBU BEHAVIORAL HEALTH SERVICES, INC. Motion to compel...
2023.03.16 Demurrer to SAC 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.16
Excerpt: ...erto sell the property at a higher price. On 1/10/22, Plaintiff filed his complaint. On 3/8/22, the court sustained Defendants' unopposed demurrer without leave to amend. However, after granting reconsideration based on the fact that the court clerk improperly rejected Plaintiff's amended complaint, the court vacated the demurrer ruling and allowed Plaintiff to file the First Amended Complaint (FAC) on 6/15/22. The court then sustained in part De...
2023.03.14 Motion to Compel Further Responses 983
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.14
Excerpt: ... of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2030.300(c), 2031.310(c).) Defendant served responses on 8/19/22-8/22/22. However, Defendant provided an extension to 2/15/2. (Motion, Ex. 13.) The parties are required to meet and confer. (CCP "2030.300(b...
2023.03.13 Motion to Compel Arbitration 553
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.13
Excerpt: ... to replace or repurchase the vehicle in accordance with the Song-Beverly Consumer Warranty Act (the "Song-Beverly Act"). On June 22, 2022, Plaintiff filed a Complaint for: (1) Violation of the Song-Beverly Act — Express Warranty; (2) Violation of the Song-Beverly Act — Implied Warranty; (3) Fraudulent Inducement Intentional Misrepresentation; and (4) Fraudulent Inducement — Concealment. The present motion is a motion to compel arbitration ...
2023.03.13 Motion for Summary Judgment 116
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.13
Excerpt: ...aintiffs filed their Complaint on 11/8/21 alleging two causes of achon for motor vehicle and general negligence. On 1/5/22, CRST filed a Cross-complaint against Cross-Defendant, Tianyu Liu Consdante, alleging three causes of action: 1) equitable indemnity; 2) comparative partial indemnity; and, 3) declaratory relief. On 6/8/22, Hight filed a Cross-complaint similar to CRST's alleging the same three causes of action against Consdante. *** Defendan...
2023.03.07 Motion to Compel Arbitration and Stay Proceedings 754
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.07
Excerpt: ...waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific pe...
2023.02.28 Motion for Objection to Bond for Preliminary Injunction 251
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.28
Excerpt: ... and requiring a $5 million bond. The Association argues that, after the December 16, 2022 hearing, it diligently tried to obtain a bond, but was unable to do so since “no bond underwriter would issue such a large bond to the Association because it lacks sufficient assets to collateralize such a bond, due to its ‘non-profit' status and current financial condition.” (Pl.'s Mot. 1:9–14.) But the Association's status as a nonprofit organizat...
2023.02.23 Motion to Compel Further Responses 388
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.23
Excerpt: ...e relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact-specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th at 98.) Meet & Confer Importantly, be...
2023.02.23 Demurrer to FAC 223
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.23
Excerpt: ...e County Superior Court Case No. RIC1902326, which had been resolved by entry of a judgment in FCM's favor in an amount in excess of $9,000,000. Kazarian alleges that he obtained this 95% interest in FCM as compensation for a debt of $3,500,000 owed to him by the Babloyans. As alleged in the cross-complaint, Lusine Babloyan and her father, cross-defendant Vahe Babloyan, then proposed “various non-sensical ways to go about satisfying the debt th...
2023.02.22 Motion for Summary Judgment on SAC 123
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.22
Excerpt: ...ct products liability – manufacturing defect; 3) strict liability – failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), “to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commerc...
2023.02.17 Motion for Summary Judgment, Adjudication 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.17
Excerpt: ...efense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (C.C.P., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that t...
2023.02.16 Demurrer to FAC 115
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.16
Excerpt: ...ite and also its physical locations. Plaintiff alleges that he genuinely wants to use Defendant's goods and services, and that he is a tester who visits places of public accommodation to determine their compliance with Title III of the ADA. He alleges that Defendant's website fails to provide alternative text for graphic images that can be read by screen readers. Plaintiff filed the original Complaint on July 26, 2022 and the operative First Amen...
2023.02.16 Motion to Compel Arbitration 368
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.16
Excerpt: ...d hour laws. When he complained, Defendants allegedly reduced his compensation. On November 2, 2020, Plaintiff filed the Complaint alleging 1) retaliation; 2) misclassification; 3) failure to pay wages; 4) failure to pay minimum wages; 5) failure to pay overtime; 6) failure to indemnify business expenses; 7) failure to provide meal and rest periods; 8) failure to provide one day rest for every workweek; 9) failure to provide itemized wage stateme...
2023.02.15 Motion for Summary Judgment, Adjudication 648
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.15
Excerpt: ...hidden in a restroom at Defendant La Sierra Academy (“LSA”)1 when Johnson was employed by Defendant Southeastern California Conference of Seventh-day Adventists (“SECC”) as a school counselor. The operative pleadings challenged by the moving Defendant North American Division of Seventh-day Adventists' (“NAD”) Motion for Summary Judgment/Adjudication are as follows: Second Amended Complaint of John CMA Doe, John CMI Doe, and John MMA D...
2023.02.14 Motion to Compel Mental Exam 633
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.14
Excerpt: ...he examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Sup. Ct. (1979) 93 Cal.App.3d 332, 343.) The notice of motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope, and nature of the examination.” (C.C.P., § 2032.310(b).) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matte...
2023.02.14 Demurrer, Motion to Strike 058
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.14
Excerpt: ...tually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably i...
2023.02.09 Motion to Tax Costs 939
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...ntiff alleges that Defendants knew or should have known that their premises was in a dangerous, defective, and unsafe condition, which was a menace to Plaintiff and others on the premises. Plaintiff filed her Complaint on April 14, 2021 alleging two causes of action: 1) negligence and 2) premises liability. On October 26, 2022, this Court granted summary judgment in favor of Defendant The Vons Companies, Inc. and against Plaintiff. On November 17...
2023.02.09 Motion for New Trial 877
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...ding Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th 1440, 1446. Considering the remainder of Juror 11's declaration and the declarations submitted by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in favor of the finding that the Defendant was not negligent. There has been no showing of misco...
2023.02.09 Demurrer on FAC 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.09
Excerpt: ...bligation to meet and confer in accordance with CCP § 430.41(a) and filed an appropriate declaration in accordance with CCP § 430.41(a)(3). Analysis: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of ...
2023.02.07 Motion for Sanctions 648
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.07
Excerpt: ...state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh-Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action (CVRI 2000648) on 12/15/20. Their operative pleading is the Second Amended Complaint (SAC), filed 10/6/21, for: (1) negligence (against all); (2) negligent superv...
2023.02.03 Motion for Summary Adjudication 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.02.03
Excerpt: ...ive defense, a claim for damages or an issue of duty. (CCP § 437c(f)). Summary adjudication must “completely dispose” of the cause of action, defense, damages claim or duty issue to which it is directed. (CCP § 437c(f)(1).) Where a plaintiff seeks summary judgment, the plaintiff must produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical C...
2023.01.30 Petition to Confirm Appointment of Humane Officer 523
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.30
Excerpt: ...205, 1208; Corp. Code § 14502; Penal Code § 597.1.) Level 1 humane officers also have the authority to carry firearms. (Corp. Code § 14502(h)(1).) Humane societies engage in quasi‐public function and are state actors for the purposes of 42 U.S.C. § 1983. (Brunette v. Humane Society of Ventura County, supra, 294 F.3d at 1208.) Human societies are required to petition the court for appointment of humane officers and provide notice to various ...
2023.01.26 Motion to Strike, Demurrer 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: ...damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6‐7.) Plaintiff is relying on malice, wh...
2023.01.26 Motion for Preliminary Injunction 223
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: ...App.3d 131, 138.) Injunctions are rarely granted where a lawsuit for damages provides an adequate remedy. (see Thayer Plymouth Ctr, Inc. v. Chrysler Motors Corp. (1967) 255 Cal.App.2d 300, 307; Pacific Decision Sciences Corp. v. Sup. Ct. (Maudlin) (2004) 121 Cal.App.4th 1100, 1110.) Kazarian and FCM characterize the need for a TRO as an emergency, which is necessary because Plaintiff, Luisine Babloyan and her attorney, Mike Gatto, are willfully v...
2023.01.26 Demurrer to SAC 959
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.01.26
Excerpt: .... (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daa...

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