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2023.09.21 Motion for Attorney Fees 511
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.21
Excerpt: ...ed, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and is entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fee awards "should be f...
2023.09.19 Motion to Compel Further Responses, for Sanctions 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.19
Excerpt: ... 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 (MEd"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operative pleading is the fourth amended com...
2023.09.19 Motion for Summary Judgment 045
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.19
Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas 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"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...
2023.09.18 Application for Right to Attach Roder, Issuance of Writ of Attachment 224
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.18
Excerpt: ...ber 2022 and issued invoices in the total amount of $98,848.07, which Defendant failed to pay. Plaintiff filed the Complaint on March 9, 2023, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value / work, labor and services; and 6) foreclosure of mechanic's lien. On April 14, 2023, Defendant filed a cross-complaint against her insurance carrier, Farmers In...
2023.09.15 Motion to Compel Further Responses 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.15
Excerpt: ..." or "GM"). GM provided Plaintiffs with both a Certified Pre-owned Bumper-To-8umper Limited Warranty and a Certified Pre-Owned Powertrain Warranty upon purchase. During the warranty period, the Subject Vehicle developed defects and nonconformities, including a Transmission Defect. Plaintiffs delivered the Subject Vehicle to GM's authorized repair agents on numerous occasions, but GM was unable to repair the defects. Plaintiff allege that GM refus...
2023.09.15 Motion for Leave to File FAC 251
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.15
Excerpt: ...alms Partners Capital, LLC ("Palms Partners"); (2) Oswit Canyon, Inc. dba Oswit Land Trust ("Oswit"); and (3) Ramin Saghian ("Saghian"). In the Complaint, the Associated alleged (1) breach of lease and CC&Rs (against Oswit & Palms Partners), (2) nuisance (against all Defendants), (3) nuisance per se (against all Defendants), (4) trespass (against all Defendants), (5) intentional interference with contractual relations (against Saghian), (6) inten...
2023.09.11 Motion to Dismiss Complaint 290
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.11
Excerpt: ...which contained the forum selection clause at issue in this Motion. By this Motion, Defendant Coronis moves to dismiss the Complaint claiming the MSA on which is based contains a forum selection clause of Delaware. It contends under the MSA mandatory forum selection clause, the parties designated Delaware as the exclusive venue for any legal dispute arising under the MSA. It further asserts that enforcement of the forum clause is reasonable and w...
2023.09.11 Demurrer on SAC 102
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.11
Excerpt: ...he court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) A demurrer, however, does not admit contentions, deductions, or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 57 Cal.2d 695, 713.) If the complaint fails to state a cause of action, the court must grant the plaintiff leave Page 4 of 4 to ame...
2023.09.08 Motion to Compel Further Responses 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.08
Excerpt: ...ndants"), as well as Defendants Balcor, LLC and Sam Ostayan (the "Balcor Defendants"), alleging (1) breach of written contract, (2) breach of the covenant of good faith and fair dealing, (3) promissory fraud, (4) fraud—intentional misrepresentation, (5) fraud—negligent misrepresentation, (6) fraudulent transfer, (7) cancelation of instrument, Civ. Code S 3412, (8) specific performance, (9) intentional interference with contractual relations, ...
2023.09.08 Motion for Sanctions 489
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.08
Excerpt: ...led nursing care facility ("SNF") and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC ("RCFE") ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. The Assignment provided that in the event CPA and Corona...
2023.09.07 Motion to Compel Further Responses 053
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.07
Excerpt: .... Plaintiff alleges that Reyna was distracted and driving at an unsafe S#ed for traffc conditions. Plaintiff alleges he sustained serious injuries and damages. Plaintiff filed his Complaint on 7/20/22 alleging two causes of action for motor vehicle and general negligence. *** Plaintiff, Martinez, brings these two discovery motions to compel further responses from Defendant, Lucky Air, Inc. (Lucky) to Form Interrogatories (Set One) [FRI No. 13.1; ...
2023.09.06 Motion for Summary Judgment on FAC 555
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.06
Excerpt: ...eaded, cannot be established, or that there is a complete defense to that cause of action. (CCP Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfi...
2023.09.01 Motion to Set Aside Complaint for Other Real Property 180
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.01
Excerpt: ...lief under CCP S 473(b) is applied where the party seeks prompt relief and where there will be no prejudice to the plaintiff. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, 1135. "A mistake of fact is when a person understands the facts to be other than they are; a mistake of law is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts." Hodge Sheet Metal Products v. Pa...
2023.09.01 Motion for Judgment on the Pleadings on FAC, to Strike 030
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.01
Excerpt: ...y GM. (FAC, 3, 4.) The purchase came with a bumper to bumper warranty and powertrain warranty. (FAC, '14.) GM marketed and sold its new eight-speed automatic transmission as having "word- class performance" "rivaling top performance vehicles, lightning-fast and smooth shifting, along with improved fuel efficiency, among other representation." (FAC, '1 9.) Plaintiff alleges that, prior to purchase, he spoke with dealer sales representative about t...
2023.08.30 Motion for Summary Adjudication 359
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.30
Excerpt: ...into three construction contracts with general contractor Defendant Watkins Landmark Constructon and Jody James Watkins (collectively "Watkins"). The three agreements include: Work Site Contract, Holiday Inn Contract and Residence Inn Contract. Each contract contained a contract price and set number of calendar days for completion. On June 30, 2017, JL Hotels assigned its interest to Plaintiff Moreno Valley JL, LLC ("Plaintiff" or "MVJL"). In the...
2023.08.29 Motion to Quash Subpoena 393
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.29
Excerpt: ...ing and/or retention, (4) negligent failure to warn, train, or educate, (5) constructive fraud, (6) intentional infliction of emotional distress, (7) sexual harassment, (8) sexual harassment and abuse in educational setting, (9) breach of fiduciary duty, and (10) public entity liability for failure to perform mandatory duty. Plaintiff alleges that Defendant knew, or should have known, that its teacher was committing the acts complained of by Plai...
2023.08.28 Motion to Compel Further Answers 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.28
Excerpt: ...ce 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 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them." (Sext...
2023.08.28 Motion for Summary Judgment 190
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.28
Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained on the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability / dangerous condition of public...
2023.08.25 Motion to Compel Arbitration 461
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.25
Excerpt: ...ilable at uhaul.com/arbitraäon or from my local U-Haul representatives. (Brooks Decl. 2, Ex. A [emphasis addedl.) The U-Haul Arbitration Agreement provides: "'Claims' . shall be decided by binding arbitration administered by the American Arbitration Association in accordance with AAA Consumer Arbitration Rules (http://wwu.adr.org/consumer)...." (ld. at 4, Ex. B.) On August 13, 2020, Plaintiff allegedly picked up the rental truck from UHCA at its...
2023.08.24 Motion to Strike, Demurrer 919
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.24
Excerpt: ...nd they are entitled to it via case law, and seek leave to amend. The court grants the motion with 30 days leave to amend. In order to plead punitive damages, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for pun-tive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct...
2023.08.24 Motion to Compel Further Responses 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.24
Excerpt: ...ly to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1005, 1016.) Whether a "reasonable and good faith attempt" was made requires an "evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit." (Clementv. Alegra (2009) 177 Cal.App.4th 1277, 1294.) Here, the parties exchanged a few meet and confe...
2023.08.24 Demurrer to FAC 480
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.24
Excerpt: ...ers v. Cariss (1990) 224 Cal.App.3d 905, 908.) The suffciency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) The complaint must be construed liberally... with a view to substantial justice between the parties." (CCP S 452; Gressley v. Williams (1951) 193 Cal.App.2d 636, 639.) Ifthe complaint fails to state a cause of ac...
2023.08.18 Motion for Summary Judgment on FAC 817
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.18
Excerpt: ...otor Co., Inc. ("Honda"). Decedent purchased the Subject Vehicle in 2003 from Robertson Honda, which transferred all assets to Defendant Victory Automotive Group, Inc. dba Ocean Honda of North Hollywood ("Victory") (collectively with Honda "Defendants"). The Subject Vehicle was equipped with an airbag and seatbelt. On February 13, 2020, Decedent was front seat passenger in the Subject Vehicle, which was driven by her husband, when the vehicle was...
2023.08.18 Motion for Leave to Amend 423
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.18
Excerpt: ...o Cardoza ("decedent") died on October 3, 2021, and Plaintiff first learned of his death in March 2022. Plaintiff's counsel thereafter made efforts to determine the status of decedent's estate and placed defense counsel on notice that any transfer of assets would be fraudulent in light of the pending lawsuit. On August 3, 2022, decedent's wife, Maria Lidia Cardoza ("Cardoza"), secured an order from Probate Court transferring decedent's property t...
2023.08.17 Motion to Compel Discovery 800
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.17
Excerpt: ... Court (2002) 95 Cal. App.4th 92, 98.) The Discovery Act requires a meet and confer declaration under CCP S 2016.040 be submitted with the moton. The declaration must "state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the moton. (CCP S 2016.040.) Form Interrogatories Initially, Defendants assert the responses by Plaintiffs to form interrogatory 17.1 are incomplete as Plaintiffs failed to ...

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