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2023.11.06 Motion for Summary Adjudication 555
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.06
Excerpt: ...ts") allegedly owned, managed, maintained, operated, repaired, directed, leased, and/or controlled 67990 E. Palm Canyon Drive in Cathedral City where the incident c„ccurred. The raised curb was a dangerous condition that Defendants knew of, or should have known of, for a sufficient time prior to the incident to have it repaired or warned of it. On 10/4/22, Plaintiffs Deborah and Justin Armstrong ("Justin") (collectively "Plaintiffs") filed thei...
2023.11.03 Motion to Compel PMK 275
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.03
Excerpt: ... for repair of defects and nonconformities, including, but not limited to, engine malfunction, transmission malfunction, the vehicle jerking while accelerating, and the vehicle shaking while driving. (ld. at '111.) She alleges that Defendant has failed to repair the subject vehicle to warranty after a reasonable number of attempts. (ld. at 12—13.) She further alleges that Defendant has refused to replace the vehicle or make restitution in accor...
2023.11.02 Motion to Compel Deposition of PMQ 691
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.11.02
Excerpt: ...iolation of the Song-Beverly Consumer Warranty Act. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiffs contend that they have noticed the PMK deposition multiple times but Defendant refuses to a PMK for relevant categories of testimony. It has also failed to provide dates to reschedule the deposition. They argue that both the categories and the documents identified in the depositi...
2023.10.31 Motion for Leave to File Complaint 347
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.31
Excerpt: ... compulsory, leave must be granted so long as defendant is acting in good faith. (CCP 5426.50.) A Defendant always has the option of asserting any cause of action defendant has against the plaintiff in a cross-complaint. The cause of action need not be related to the subject matter of plaintiff's complaint in any way. The purpose is to allow plaintiff and defendant to settle all of their differences in a single lawsuit. (CCP 5428.10(a).) If defen...
2023.10.31 Demurrer on SAC 205
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.31
Excerpt: ...ty"). Specifically, he alleges that Defendants have 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 alleges he and Edward R. Cardoosl and Denise R. Cardoos entered into a stipulated settlement judgment in case numbers RIC 1818179 and...
2023.10.27 Motion for Summary Judgment 614
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.27
Excerpt: ...bject collision, Defendant Jeremiah Montoya Haney ("Deputy Montoya Haney") was employed as a Deputy with the Riverside County Sheriff's Department ("RCSD"), was acting in the course and scope of his employment with RCSD, and was operating a RCSD issued patrol unit equipped with emergency lights and siren. (Def.'s Separate Statement of Undisputed Material Facts ["DSSUMF"] 2.) He was also equipped with a RCSD issued body worn camera. (ld. at '1 3.)...
2023.10.26 Motion to Compel Production of Docs, for Attorney Fees 251
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.26
Excerpt: ...of its anti-SLAPP. An appeal from an order denying an ant-SLAPP moton divests the trial court of jurisdiction to conduct any "further trial court proceedings on the merits upon the causes of action affected by the motion." (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 192-193.) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the...
2023.10.26 Demurrer to SAC 743
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.26
Excerpt: ...n defects that Defendant was aware of and failed to disclose. (SAC "16-70.) Plaintiff provided her vehicle to Defendant and its representatives but they were unable to repair the vehicle.(SAC 73-76, 89.) The Court previously sustained the Demurrer to the Fraud cause of action in the FAC finding: The Demurrer to the fraudulent concealment cause of achon is sustained on the grounds that Plaintiff has failed to allege the misrepresentations with suf...
2023.10.23 Motion to Strike 509
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.23
Excerpt: ... motor vehicle. (Complaint at '1 27.) Plaintiff further alleges Defendant Jimenez Monterosa knew he was intoxicated and impaired such that he could not safely drive without putting others at a great and foreseeable risk of severe harm, and despite knowing this, he callously disregarded the safety of others and drove his vehicle at an excessive rate of speed, failing to slow or stop for red lights, while using his cell phone. (Complaint at 27-28.)...
2023.10.20 Motion for Issue, Evidentiary, and Monetary Sanctions 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.20
Excerpt: ...rts have inherent power to 'take appropriate action to secure compliance with... orders, to punish contempt, and to control its proceedings" (Vidrio v. Hernandez (2W9) 172 Cal.App.4th 1443, 1445.) Code of Civil Procedure section 1211 provides that, "When the contempt is not committed in the immediate view and presence of the court an affdavit shall be presented to the court or judge of the facts constituting the contempt...." (Code Civ. Proc., S1...
2023.10.19 Demurrer 174
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.19
Excerpt: ...rous condition of public property on the grounds it fails to state a cause of action under Gov. Cade 5835. Defendant asserts that the Complaint fails to state facts sufficient to show that the accident was caused by a dangerous condition of public property. Further, Defendant assert that under similar facts the court in Plattner v. City of Riverside (1999) 69 Cal. App. 4th 1441, expressly held a city has no duty to maintain a streetlamp at a cros...
2023.10.17 Motion to Compel Further Responses 025
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.17
Excerpt: ...xceed the time and mileage limitations of the other warranties. (99.) Plaintiffs allege the vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, the suspension, steering, and electrical system. (910.) Plaintiff filed the operative Complaint on 3/2/23 alleging violations of the Song-Beverly Act: (1) breach of express warranty; (...
2023.10.17 Motion to Strike, Demurrer 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.17
Excerpt: .... Motions to strike can be used to attack the entire pleading, or any part thereof. CCP S 435(b). As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. CCP S 437(a). "[T]he court treats as true the material Page 6 of 10 facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." Washi...
2023.10.12 Motion for Leave to Amend Complaint 005
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.12
Excerpt: ...warden summit Homeowners Association ("HOA"). The Bodewins allege the subject property is landlocked, with the north, east and southern boundaries shared with homes owned by HOA members. To the west, the property is bordered by Bodewin Court, a private street owned by the HOA, and which the Bodewins contend is the only point of access to the subject property. The City had previously used the property as a water reservoir and held limited easement...
2023.10.11 Motion for Summary Judgment 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.11
Excerpt: ...yesaha Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity ("APA") and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regents") was aware of APA's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("E-Nunu"), was himself an APA member and helped recruit members, including Tyler,...
2023.10.10 Motion for Leave to Amend 394
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.10
Excerpt: ... pleading or pretrial conference order." (CCP 5576.) Since judicial policy favors the resolution of all disputed matters between the parties 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 liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does ...
2023.10.06 Motion for Summary Judgment, Adjudication 954
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.06
Excerpt: ...o be sold to Plaintiffs the Vehicle without disclosing that the Vehicle and its transmission was (sic) defective and susceptible to sudden and premature failure." (ld., '1 37.) The Complaint alleges that Ford "acquired its knowledge of the Transmission Defect prior to Plaintiffs acquiring the Subject Vehicle, through sources not available to consumers such as Plaintiffs, including but not limited to pre-production and post-production testing data...
2023.10.02 Motion for Summary Judgment 244
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.02
Excerpt: ... a medical practitioner who had permission from Defendant Eisenhower Medical Center ("EMC") to perform the invasive procedure on their premises Said suture caused a severe and lasting systemic infection which resulted in years of medical complications for the plaintiff. Plaintiff Gard has suffered medical expenses and pain and suffering as a direct result of the alleged negligence of Dr. llbeigi and EMC. Plaintiff filed a Complaint on June 2, 202...
2023.09.29 Motion to Quash Subpoena of Records 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.29
Excerpt: ...ative and awyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interference; (6) economic in...
2023.09.28 Application for Preliminary Injunction 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.28
Excerpt: ...o the PSA agreement. It argues that SEQ had full knowledge and ratified GKL and Left's conduct. The evidence provided regarding alter ego does not support this argument. "Ordinarily, a corporation is regarded as a legal entity separate and distinct from its stockholders, officers and directors. under the alter ego doctrine, however, where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circum...
2023.09.27 Motion for Summary Judgment, Adjudication 657
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.27
Excerpt: ...aranty to secure PWP's obligations. On September 15, 2020, Plaintiff filed its complaint alleging 13 causes of action: 1) Breach of Contract; 2) Goods Sold and Delivered/Agreed Price; 3) Open-Book Account; 4) Account Stated; 5) Breach of Personal Guarantee; 6) Breach of Contract; 7) Goods Sold and Delivered/Agreed Price; 8) Open-Book Account; 9) Account Stated; 10) Breach of Contract; 11) Goods Sold and Delivered/Agreed Price; 12) Open-Book Accou...
2023.09.26 Motion to Compel Compliance with Deposition Subpoena 421
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.26
Excerpt: ...nt paramedics, agents and/or employeesl of Defendant American Medical Response Ambulance Service, Inc. ("AMR"), arrived to his assisted living facility, loaded him onto the gurney, and rolled him outside. As Defendants were attempting to put Plaintiff in the ambulance, Plaintiff contends they lost control of the gurney, and/or the gurney malfunctioned, causing it to flip over to the right. Plaintiff alleges he struck the ground with the right sid...
2023.09.26 Motion for Summary Judgment 392
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.26
Excerpt: ...terprise Rent-A-Car ("ERAC-LA") negligently entrusted a rental vehicle to Defendant Josue Ayala Flores ("Mr. Ayala" 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 ("EAN"), the owner of the rented vehicle (a Ford Fusion). On January 28, 2022, a Complai...
2023.09.25 Motion to Dismiss Complaint 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.25
Excerpt: ...usiness representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interferenc...
2023.09.21 Motion to Expunge Lis Pendens 252
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.21
Excerpt: ... Plaintiff's claim is "probably valid." "Probable validity" of the claim for purposes of avoiding expungement under CCP S 405.32 means that it is more likely than not that the party who asserted the real pro#rty claim will obtain a judgment on the claim in that party's favor. (CCP S 405.3; J & A Mash & Barrel, LLC v. Sup.Ct. (Tower Theater Properties) (2022) 74 Cal.App.5th 1, 32-33.) As such, a S 405.32 expungement motion effectively requires the...

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