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2024.02.07 Motion for Summary Judgment, Adjudication 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.07
Excerpt: ...��) (collectively “Balcor Defendants”) allegedly breached a purchase and sales agreement (“PSA”) by unilaterally canceling it and refusing to sell the Property to Plainti¯. Shortly after the PSA was cancelled, Balcor Defendants relisted the property for sale, and Defendants PaciÞc Homes at Magnolia LLC (“PaciÞc Homes”), Reed Street LLC (“Reed Street”) and Dean Cook (“Cook”) purchased it. Plainti¯ alleges that as a result...
2024.02.02 Motion for Summary Adjudication 685
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.02
Excerpt: ...in Plainti¯ and Defendant Bing Dai (“Defendant Bing Dai”) lived and owned as marital property. According to Plainti¯, the Eastvale Property was not subject to the martial dissolution, and on or about June 8, 2017, Plainti¯ obtained a judgment against Defendant Bing Dai in the amount of approximately $300,000.00 for unpaid marital dissolution settlement funds. Since obtaining the Judgment, Defendant has transferred assets and other valua...
2024.02.01 Motion to Tax Costs 005
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.01
Excerpt: ...aint, Plainti¯s seek dissolution of a partnership that was created between the parties on January 1, 1999, to manage the Oak Crest Ranch (the “partnership”). Plainti¯s allege dissolution is proper because of Defendant M. William Tildens improper unilateral control of the partnership, and denial of Plainti¯s access to the partnerships books, reports, and records. (Complaint at ¶¶ 9-10, 19-27, 34-35.) On January 3, 2022, Defendants �...
2024.02.01 Motion for Protective Order 045
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.01
Excerpt: ...as Gomez (“Gomez”), who was driving in the scope of his employment with Defendants Jat Trucking (“Jat”) 50 60 Heaven (“Heaven”) and/or Fedex Ground Package Systems, Inc. (“Fedex”). Plainti¯s allege that Gomez was driving negligently at the time of the incident. Decedents parents Plainti¯s Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg (“Plainti¯s”) Þled their Complaint on M...
2024.02.01 Anti-SLAPP Motion 275
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.02.01
Excerpt: ... a registered security and Þnancial asset, such that there could be no securitization o the asset The complaint, Þled 11/21/23, asserts: (1) wrongul oreclosure (Civil Code §29235); (2) violation o the FDCPA; (3) violation o TILA; (4) breach o contract; (5) violation o ederal trust and lien laws; (6) slander o title; (7) slander o credit; and (8) inßiction o emotional distress Deendants contend that Catamount Properties purchase...
2024.01.30 Motion to Expunge Lis Pendens 480
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.30
Excerpt: ...alleges that Defendant then presented an amended operating agreement that gave Defendant a 100% ownership stake in the dealership Plainti¯ was surprised and disappointed about his loss of control to A& Y Enterprises LLC but felt compelled to sign the Amended agreement as Defendant Ihmud was strongly insistent and tried to give Plainti¯ the impression that the additional provision had no bearing on their business relationship Nevertheless, p...
2024.01.30 Demurrer, Motion to Strike 394
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.30
Excerpt: ...hich Plainti¯s allege were concealed, were in fact publicly available information. The Court can take judicial notice of the existence of the documents, but not their contents or interpretation. (Evid. Code § 452(c), (h), § 453.) Page 5 of 8 Plainti¯s request judicial notice of a conformed copy of the second amended complaint Þled in Dhital v Nissan North America, Inc., No. RG19009260 in Alameda County. Judicial notice of court records is ...
2024.01.24 Motion for Preliminary Injunction 159
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.24
Excerpt: ... sustains the objections to the declarations of Pablo and Dyman. The objections to the exhibits to the verified complaint are overruled. In reply, Pablo submitted evidentiary objections, which the court overrules as irrelevant since Pablo did not meet his initial burden. II. Standard "Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion." (Jessen v. Keystone...
2024.01.22 Motion to Compel Arbitration 281
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.22
Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...
2024.01.19 Motion to Compel Arbitration 171
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.19
Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...
2024.01.17 Motion for Summary Judgment, Adjudication 750
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.17
Excerpt: ...already purchased. The employees again asked Serrano to leave the store. Armed Security Guard Frank Perla was called back to the store and he repeatedly requested that Serrano leave the store. Serrano refused multiple times and Perla used pepper spray on Serrano. This was ineffective so Perla then utilized a TASER-style electronic control device on Serrano. A Stater Bros. employee was on the phone with the non-emergency law enforcement line and w...
2024.01.12 Motion for Sanctions 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.12
Excerpt: ... Deposition of the PMK occurred on December 18, 2023. The deposition only lasted a few hours. Ms. Rabaien, the attorney for Plaintiff could have kept going, but chose to conclude the deposition after a few hours. Nothing prohibited Plaintiff from taking more tme to ask whatever questions she felt were necessary. (Pappas Decl., 93.) Here, Plaintiffs were willing to schedule the deposition in August or September. It sounds like although GM could no...
2024.01.11 Motion to Compel Further Responses 743
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.11
Excerpt: ...ors, LLC ("Defendant" or "GM") alleging 1) breach of express warranty; 2) breach of implied warranty; 3) violation of Civil Code S 1793.2 and 4) fraudulent concealment. On 10/24/22, Plaintiff served written discovery, including requests for production, set one ("RFPs"). GM timely responded, but Plaintiff contends the responses remain deficient despite meet and confer efforts. Plaintiff now moves to compel further responses to all RFP, i.e., nos. ...
2024.01.11 Demurrer on TAC 102
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.11
Excerpt: ...er Tuggle") (collectively, "Defendants"), alleging a single cause of action for motor vehicle negligence. In the SAC, Plaintiff alleged that Officer Tuggle failed to exercise ordinary care prior to merging his patrol vehicle into the right-hand shoulder of the Alessandro Boulevard offramp, and caused his vehicle to come into the path of Plaintiff riding his motorcycle on the shoulder. (SAC MV-12.) As a result, Plaintiff allegedly crashed his moto...
2024.01.10 Motion for Summary Judgment 034
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.10
Excerpt: ...eging (1) Breach of Contract, (2) Goods Sold and Delivered/Agreed Price, (3) Open Book Account, and (4) Account Stated. On February 10, 2023, Defendant filed an Answer, denying all allegations in the Complaint, and asserting affirmative defenses that Plaintiff's claims are barred by Plaintiff's consent, Plaintiff's failure to mitigate damages, Plaintiff's lack of capacity to contract, and are barred by a novation and/or an accord and satisfaction...
2024.01.09 Motion to Reopen Discovery 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.09
Excerpt: ...s to be heard after the cut-off dates. (CCP 52024.050(a).) The motion shall be accompanied by a meet and confer declaration. (ld.) In determining whether to reopen discovery, the court should consider: (1) the necessity and reasons for discovery; (2) the diligence or lack of diligence of the asking party; (3) the likelihood that permitting discovery will prevent the case from going to trial; and (4) the length of time between any prior trial date...
2024.01.08 Motion to Compel Further Discovery Responses 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.08
Excerpt: ...so suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intmate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov ad...
2024.01.05 Motion to Strike 311
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.05
Excerpt: ...emedies Act ("CLRA"); and (5) intentional infliction of emotional distress. Plaintiff alleges that on July 14, 2021, he brought his 1998 GMC Sierra truck (the "vehicle") to Defendants to fix the repair sensor so the vehicle could pass a smog check. (Complaint at BC-I.) Defendants advised Plaintiff that the vehicle needed a new engine and some transmission work, which Plaintiff paid for. (Complaint at BC-I, FR-4.) Defendants kept the vehicle longe...
2024.01.05 Motion for Summary Judgment, Adjudication 317
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.05
Excerpt: ...uthfulness of its contents or the proper interpretation of the documents. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113.) Objections: Overrule Plaintiffs' objections to exhibits 32, 35-37, and 38-44. Sustain Plaintiffs' objections for lack of foundation as to exhibits 9-31 and 33-34, as these exhibits are simply attached to the motion with no foundation or other explanation as to their origin. Overrule Plaintiffs' objec...
2024.01.04 Motion to Compel Responses, for Monetary Sanctions 215
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.04
Excerpt: ...she sustained serious and permanent injuries from the collision. She filed her Complaint on 1/18/22 alleging four causes of action: 1) general negligence; 2) motor vehicle negligence; 3) negligence per se; and 4) negligent entrustment. * * Plaintiff, Jodi Lynn Chrisman, brings this motion to compel responses, without objections, to Special Interrogatories (Set Three) [SR], which Defendant failed to respond to. (CCP S 2030.290.) Plaintiff also see...
2024.01.04 Demurrer 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.04
Excerpt: ...eeidence OPCO, LLC dba Riverwalk Post Acute ("Riverwalk"), Providence Group of Southern California, LLC, and Providence Group, Inc. ("Defendants"), asserting causes of action for elder abuse, violation of Health & Safety Code S 1430(b), wrongful death, and negligence per se. In the Complaint, Plaintiffs allege that Anna Almaraz ("Decedent") was a dependent adult who was involved in a motor vehicle accident in July 2021, that resulted in her being...
2024.01.02 Motion to Compel Arbitration 594
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2024.01.02
Excerpt: ...ce—including its prominent mutual arbitration clause—on four (4) separate occasions before the accident alleged in the Complaint. The claims she now purports to bring against Lyft arising out of her use of rideshare services arranged via the Lyft platform fall squarely within the scope of that agreement. Therefore, Defendant asserts that this court should therefore enforce the parties' agreement by compelling Plaintiff to arbitrate her claims...
2023.12.29 Motion for Judgment on the Pleadings on FAC 423
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.29
Excerpt: ...Mark W. Flory ["Flory Decl."l at 94, Ex. 1; Opposition, p.3: 10-12.) On October 3, 2022, Plaintiff filed a Doe amendment adding Decedent's estate as a Doe #1. On January 25, 2023, Plaintiff filed a Doe amendment adding Defendant, Maria Lidia Cardoza aka Maria Lidia Pineda ("Defendant"), Decedent's spouse, as Doe #2. On August 18, 2023, the Court granted Plaintiffs motion for leave to file a First Amended Complaint ("FAC"). On August 21, 2023, Pla...
2023.12.29 Demurrer on FAC 279
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.29
Excerpt: ...lot warranted and distributed by AHM. A Complaint was filed on October 5, 2022 and a First Amended Complaint on October 26, 2023 alleging: (1) Violation of Song-Beverly Act — Breach of Express Warranty; and (2) Fraudulent Inducement — Concealment. The gravamen of the pleading is that the subject vehicle was delivered to Plaintiffs with defects and conformities to warranty that substantially impaired the use, value, and/or safety of the vehicl...
2023.12.21 Motion to Set Aside Judgment 919
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.12.21
Excerpt: ...e 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 for: (1) breach of written insurance contract; (2) breach of covenant of good faith and fair dealing; (3) intentional misrepresentation; (4...

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