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2024.04.05 Motion to Set Aside Default Judgment 871
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.05
Excerpt: ...�led its Com plaint on 7/13/22 alleging a single cause of action for subrogation. *** Defendant, Rachelle Stanisci, brings this motion to set aside the default entered against her on 6/16/23, and to vacate the default judgment entered on 12/6/23 so, she can file an ans w e r, a n d defend the action. Defendant asserts that proper service was not made on her as the service address was wrong so, the default judgment is void. (CCP § 473(d).) The m...
2024.04.04 Motion to Quash Deposition Subpoena 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.04
Excerpt: ...ning of September 15, 2018. Tyler was taken to the hospital where he died the next day. Plaintiffs Myesha Kimble and William Hilliard (collectively “Plaintiffs”) allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured variou s 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 emplo...
2024.04.03 Motion for Leave to Amend Complaint 146
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.03
Excerpt: ...legations we re discovered; and (4) The reasons why the request for amendment was not made earlier. Here, the supporting Picozzi Decl. states the effect of the amendment (without using those words) in ¶1. Mr. Picozzi declares that the amendment is necessary and prop er to allow Plaintiff to present all remedies available for damages alleged in the original complaint arising from Defendant's wrongful acts related to the subject matter of this act...
2024.04.02 Demurrer 581
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.04.02
Excerpt: ...rking on the roof o f a commercial building located at 3777 Mission Avenue, Riverside, California (the “Property”). The roof of the Property was covered with waterproof paper and there were no signs or anything else indicating it was a hazard zone. (Complaint at ¶¶ GN -1, Prem .L.1.) Defendants negligently owned, maintained, and operated the Property, and willfully and/or maliciously failed to warn of the dangerous condition. (Complaint at ...
2024.03.29 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.29
Excerpt: ...officially formed Aug ust 24, 2010. At its initial meeting, Claudio was elected president, secretary, and chief financial officer and conducted the day -to -day business operations and Claudio was issued 1,000 shares. On September 18, 2012, BPI issued Pablo 1,000 shares, and an additional 8,000 shares were issued to Pablo on September 25, 2013. In March 2012, Pablo and Claudio's father passed away, leaving BPI with the brothers as the only two d...
2024.03.27 Motion to Abate Due to Non-Joinder, Misjoinder of Parties 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... are prope rly 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 l ack 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 counse...
2024.03.27 Motion for Summary Judgment, Adjudication 019
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.27
Excerpt: ... Inc. (“Defendant” or “Tilly's”) sale of a 2017 Axis A22 boat with a motor and a trailer (the “Subject Boat”) to ANTHONY MAI (“Mai”). Plaintiff, Bank of the West (“Plaintiff” or “BMO”), alleges that on 6/22/16, Defendant Tilly's submitted its application to do business with the Plaintiff BMO under a written Master NonRecourse Dealer Installment Sale Contract Agreement- Marine (“Dealer Contract”), which was approved/acc...
2024.03.26 Motion for Sanctions 333
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.26
Excerpt: ... and 128.7, seeking t he complaint be stricken and monetary sanctions in the amount of $4,922.00 be awarded, for Plaintiff improperly bringing a complaint that lacks evidentiary support and asserting frivolous legal contentions. It asserts that Plaintiff tripped and fell over a gas hose that she placed into her vehicle herself. Costco contends that Plaintiff created the situation and had full knowledge that the hose was there and made the decisio...
2024.03.26 Demurrer on SAC 655
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.26
Excerpt: ...nce per se. On May 2 2, 2023, Plaintiffs Johnna Burnett and James David Burnett (“Burnett Plaintiffs”) filed their initial Complaint against Defendant, alleging negligence and negligence per se. On October 3, 2023, Koziel Plaintiffs filed their First Amended Complaint (“FAC”) alleging the same two causes of action. That same day, Burnett Plaintiffs also filed their FAC alleging the same two causes of action. On November 6, 2023, Defend...
2024.03.25 Motion to Quash or Limit Deposition Subpoena, for Protective Order 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.25
Excerpt: ...ly. Grant t he motion to quash in its entirety to the subpoena propounded on UBS. Deny both parties requests for sanctions. Portero Commercial, LLC (“Portero”) owns undeveloped property in Riverside County. It began improving the property in 2005. It planned on c onstructing residential, commercial, and industrial spaces on the property. In 2018, Portero entered into a loan agreement with Southland Equities, LLC (“SEQ”). The loan was to m...
2024.03.22 Motion to Tax Costs 397
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.22
Excerpt: ...nt on 10/26/23. On 12/1/23, Defendant filed a memorandum of costs for $11,002.21. Plaintiffs move to tax costs as to filing fees ($1,092.45), deposition ($120), witness fees ($394.40), court reporter charges ($848.06), and other charges ($4,404.60), contending that t hey are unreasonable and unnecessary. They contend that the receipts are not itemized or are vaguely labeled. Defendants oppose the motion contending the costs for filing, exhibit...
2024.03.22 Motion for Summary Judgment on FAC 302
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.22
Excerpt: ... bins at 9:30 p.m. on 3/7/21 where he opened the trash bin gate, 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 Defenda nts, 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 premise...
2024.03.21 Demurrer 295
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.21
Excerpt: ...eaning of hazardous material (“Haz Mat”) that was never requested, authorized, performed or necessary. Page 4 of 7 On October 5, 2023, Plaintiffs filed this qui tam action alleging Defendants violated Penal Code, § 550 and Insurance Code §  1871.7 (Insurance Frauds Prevention Act). *** Defendant Fire Recovery USA, LLC (“ Fire Recovery”) now demurs to the complaint arguing it fails to state facts sufficient to constitute a cause of ac...
2024.03.21 Demurrer 211
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.21
Excerpt: ...On September 20, 2 022, Plaintiff filed his Judicial Council form complaint alleging two causes of action: 1) premises liability; and 2) general negligence. *** Defendants now demur to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action and is uncertain. (C.C.P., § 430.10(e), (f).) Defendants argue Plaintiff alleges “Defendants paid Plaintiff to execute a task on their premises which they knew or sh...
2024.03.20 Right to Attach Order, for Issuance of Writ of Attachment 565
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.20
Excerpt: ...Michael Dacolias (the “E state”) for purposes of keeping the business of ERC afloat and running. In July of 2023, Karl Anderson was appointed as the General Administrator of the Estate. On September 19, 2023, Plaintiffs filed a Complaint against Defendants Karl Anderson in his capacity as Administrator of the Estate of Michael James Dacolias; ERC; Richard Neate; and Linda Neate aka Linda Wirsig. The Complaint alleges causes of action for: (...
2024.03.01 Motion to Expunge Lis Pendens 350
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.01
Excerpt: ... § 17200. In the Complaint, Plaintiff alleges that on February 15, 2009, Defendant purchased the property located at 16749 Cresent Glen Court, Riverside, California (the “Riverside Property”), and the parties agreed that Defendant would transfer title to the Riverside Property to Plaintiff in 2022, when she graduated medical school. (Complaint at ¶¶ 7, 9.) At the time of purchase, Plaintiff paid $100,000 toward the down payment on the Rive...
2024.03.01 Motion in Limine 392
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.03.01
Excerpt: ...Ayala Flores (“Mr. A yala” per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC (“E AN”), the owner of the rented vehicle (a Ford Fusion). EAN Holdings has requested that the Court rule on its Motion in Limine No. 1 regarding the standard of care of...
2024.02.29 Demurrer on SAC 892
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.29
Excerpt: ...fication inspection on the sub ject vehicle and advertised the vehicle for sale as “certified. (Id., ¶¶ 6, 7.) The vehicle came with Defendant's 90 -day or 4,000 miles express warranty. (Id., ¶ 13.) At the time of sale, Defendant's employee Daniel Lomeli (“Lomeli”) gave Plaintiff the Cer tified Inspection Report, which stated that the air conditioning system had been thoroughly inspected, that the evaporator met Defendant's standards ...
2024.02.28 Motion for Summary Judgment 063
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.28
Excerpt: ...as shopping at Defendant 's store when she tripped on an unmarked and/or unsecured lumber and/or similar item on a cart, causing her to fall and sustain injuries. (Compl. ¶ 8.) On December 28, 2021, Defendant filed its Answer, denying each and every allegation in the Complaint an d asserting affirmative defenses based on the fact that Plaintiff's injuries/damages were caused by the negligence and fault of someone other than Defendant, and the c...
2024.02.27 Demurrer on FAC 029
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.27
Excerpt: ...est in the property to Gerardo and Manuel by Interspousal Transfer Grant Deeds. Nonetheless, it is alleged that Maria made regular payments until February of 2021 when, due to a third party's fraudulent actions, her bank account used to make payments was frozen for four months. She continued to make payments using money orders, but Defendants claimed they did not receive them and initiated foreclosure proceedings. Plaintiff requested a loan modi�...
2024.02.26 Motion to Strike, Demurrer 432
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.26
Excerpt: ...ors-in -interest to Joseph Thomas Tracy IIV (“Decedent”) filed the operative third amended complaint (“TAC”) on November 9, 2023 against defendant the City of Riverside, the City of Hemet, Hemet Police Department Sergeant Paez #10459 (“Sergeant Paez”) and Riverside Police Department Detective Kerr #1697 (“Detective Kerr”) (collectively, “Defendants”). Plaintiffs allege that on January 18, 2022. On January 18, 2022, Decedent w...
2024.02.23 Motion to Set Aside and Vacate Judgment, for Attorney Fees 205
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.23
Excerpt: ...ave been dumping trash and green waste over the boundary fences, encroaching new fences over his Property and vandalizing sprinkler systems. Plaintiff alleges he has been an “absent homeowner or occupant” as he has been providing care to his paraplegic wife. Plaintiff alleg es he and Edward R. Cardoos1 and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...
2024.02.22 Motion for Leave to Amend Complaint 659
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.22
Excerpt: ...ted a dangerous condi tion by failing to post any warning signs while performing repairs on a City sidewalk. It alleged that Plaintiff tripped and fell at the site of the unmarked location where the repairs were being undertaken, sustaining physical injuries. After the Court s ustained the City's demurrer to the Complaint, Plaintiff filed her First Amended Complaint (“FAC”) on November 9, 2022, alleging the same cause of action against the C...
2024.02.14 Demurrer, Motion to Strike Complaint on FAC 189
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.14
Excerpt: ...as sold with a 3-year/36,000-mile basic coverage warranty and a 5 - year/60,000- mile powertrain warranty. Plaintiffs allege that during the warranty period, the Subject Vehicle developed nonconformities, including issues with defective Hydra -Matic 8L90 transmission, which causes the ve hicle to hesitate or jerk or judder when attempting to accelerate (“Transmission Defect”). Plaintiffs delivered the Subject Vehicles to authorized repair fac...
2024.02.08 Motion for Summary Judgment 638
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.08
Excerpt: ...azard. On 1/17/24, Plainti¯ Þled an ex parte application for relief under CCP §437c(h) for a continuance of this scheduled hearing to allow Plainti¯ to conduct additional discovery. Plainti¯ asserted it is waiting on completing the deposition of a PMK and production of records necessary to opposing the motion. On 1/19/24, this court denied the application, noting that “there has been previous continuances of the Motion for Summary Judgm...

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