Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

678 Results

Clear Search Parameters x
Location: Riverside x
Judge: Greene, Carol x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 238)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 611)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,25
Array
(
)
2023.08.16 Motion for Summary Judgment, to Compel Responses 045
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.16
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 ...
2023.08.16 Motion for Summary Judgment 244
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.16
Excerpt: ... 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of achon cannot be established or that there is a complete defense to that cause of action. (CCP Defendant can meet their burden by showng either: (1) affirmative evidence that shows an element of the claim cannot be established; or (2) showing an absence of evidence on a critical element of Plaintiff's claim. Once the moving party has...
2023.08.10 Demurrer 349
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.10
Excerpt: ...that he sustained injuries due to the City of Perris' ("Defendant") conduct. Plaintiff's complaint asserts a cause of action for premises liability and two causes of action for negligence (one asserted against Defendant and the other against Doe defendants.) Defendant demurs to the second cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. It argues that this cause of action fails because it doe...
2023.08.09 Motion for Attorney Fees 063
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.09
Excerpt: ...n January 6, 2022, Defendant served a 998 offer on Plaintiffs which proposed that 1) Defendant would pay $650,000 to Plaintiffs, 2) Defendant would refrain from using the long drive-thru path, 3) Defendant's easements include the right to queue on the Central Avenue Protected Drive, and 4) Defendant's employee parking and customer parking rights shall remain as indicated in the Lease and the Easement Agreement. A jury trial was conducted and the ...
2023.08.08 Motion to Compel Arbitration 253
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.08
Excerpt: ...le warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 10.) The Complaint sets forth four causes of acton: (1) Violation of Song-Beverly- Breach of Express Warranty; (2) Violation of Song-Beverly- Breach of Implied Warranty; and (3) Violation of Song Beverly section 1793.2. * * * Defendant now moves to compel Plaintiff to arbitrate hi claims under the Retail Installm...
2023.08.08 Demurrer, Motion to Strike 205
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.08
Excerpt: ...nts 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 Denis R. Cardoos2 entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...
2023.08.07 Motion to Compel Arbitration 389
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.07
Excerpt: ...unds 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 performance of a contract. (Freeman...
2023.08.07 Motion for Summary Judgment, Adjudication 438
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.07
Excerpt: ...howing that plaintiff does not possess and cannot reasonably obtain needed evidence. (CCP S437c(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 the plaintiff lacks evi...
2023.08.04 Motion to Quash Subpoena 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.04
Excerpt: ...nnett is a business 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...
2023.08.02 Motion for Summary Judgment 190
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.08.02
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 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. The defendants filed cross-compla...
2023.07.28 Peremptory Writ of Mandate 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.28
Excerpt: ... Sheriffs' Association: (a) Dishonesty (c) Inefficiency or negligence in performance of duties (f) Willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the department in which the employee is employed (m) Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the department in which they are employed (Administrative Record ["AR" | 601.) The...
2023.07.27 Demurrer, Motion to Strike 892
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.27
Excerpt: ...he air conditioning evaporator, causing water damage and mold inside the cabin. (ld., 8.) Plaintiff would not have purchased the vehicle had he known about the air conditioning defect or that mold had been accumulating in the vehicle. (ld„ '1 9.) On February 22, 2023, Plaintiff filed the Complaint alleging 1) violation of the Consumer Legal Remedies Act, Civil Code S 1750 et. seq. ("CLRA"); 2) intentional misrepresentation; 3) negligent misrepr...
2023.07.25 Motion for Summary Judgment on SAC 735
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.25
Excerpt: ...CCP 51985.3 lists the personal records which are maintained by various entities. There is no indication that GoDaddy is an entity listed within the definitions for personal records. Nor does Plaintiff indicate that GoDaddy is his employer. (CCP 51985.6.) As such, there is no indication that a notice was required to be sent to him. Instead, the subpoena must be attached to a notice of deposition which must be served upon him. (CCP SS 1987.5, 2025....
2023.07.24 Motion for Attorney Fees 267
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.24
Excerpt: ... its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, supra, 22 Cal.4th at 1095). The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Lodestar is the objective starting point to determine if attorney's fees are reasonable, which involves multiplying th...
2023.07.21 Motion to Stay Civil Proceedings Pending Resolution of Criminal Proceedings 483
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.21
Excerpt: ...mplicated. (Pacers, Inc. v. Sup. Ct. (1984) 162 Cal.App.3d 686, 589.) Courts have broad discretion to control discovery and discovery proceedings. (Obregon v. Sup. Ct. (1998) 67 Cal.App.4th 424, 431.) Hence, in a discovery dispute, the court, "in fts sound discretion, must assess and balance the nature and substantiality of the injustices claimed on other side." (Avant! Corp. v. Sup. Ct. (2000) 79 Cal.App.4th 876, 882.) Courts faced with a civil ...
2023.07.20 Motion to Quash or Modify Subpoena 614
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.20
Excerpt: ...the there is no evidence that he served any formal response. Furthermore, because there are only two Subpoenas at issue that requested any and all insurance records, the issues can be readily addressed without a separate statement. Motion to Quash: A depsiton subpoena for production of business records may be used to obtain discovery within the state from a person who is not a party to the action in which discovery is sought. (Cal Code Civ Proc S...
2023.07.20 Motion for Admission of Evidence to Attack Credibility of Plaintiff 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.20
Excerpt: ...Martin, pursuant to Evid. Code S 783. Defendants argue that such evidence is crucial to demonstrate alternate cause for Plaintiff's emotional distress and mental suffering and to establish that Defendants' alleged liability cannot exceed its proportionate share of fault, and to attack Plaintiff's credibility with regard to the extent to which her injuries were caused by Defendants' alleged tortious conduct. Defendants further seek to admit the te...
2023.07.18 Motion to Deem RFAs Admitted 315
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.18
Excerpt: ...by admitting the truth of all matters contained therein." (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) However, a responding party's service, prior to the hearing on the "deemed admitted" motion, of substantially compliant responses, will defeat a propounding party's attempt under S 2033.280 to have RFAs deemed admitted. (Tobin v. Oris (1992) 3 Cal.App.4th 814, 827, disapproved on other grounds, Wilcox, supra, 21 Cal.4th 973, 983, fn. 12.)...
2023.07.18 Motion for Protective Order 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.18
Excerpt: ...s responses to interrogatories. But no information is provided regarding the interrogatories served. In opposition, Defendants contend that they are requests for production, to which Plaintiff responded to Defendant Brenda Samec, but not Defendant Joseph Samec's requests. Either way, a motion for protective order must be made promptly. (CCP SS 2030.090 (interrogatories); 2031.060 (requests for production).) As it is unclear what discovery is at i...
2023.07.18 Demurrer to FAC 205
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.18
Excerpt: ...sel requesting a telephonic conference. (See Declaration of Kiki Manti Engel, 3-4.) There is no indication they actually spoke, just that defense counsel "invited Plaintiff to contact my office via telephone to discuss the contents of the meet and confer letter." (ld. at 3.) C.C.P., SS 430.41 and 435.5 very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. 1 Defendants ...
2023.07.17 Motion to Compel Arbitration 983
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.17
Excerpt: ...he patient/physic:ian Arbitration Agreement is attached as an exhibit. The agreement, among other things, under Page 7 of 8 Article l, contains the following language as required by Code of Civil Procedure secton 1295 (enacted as part of the Medical Injury Compensation Reform Act of 1975 [MICRA]): It is understood that any dispute as to medical malpractice, that is, asto whether any medical services rendered under this contract were unnecessary o...
2023.07.17 Motion for Summary Judgment on FAC 555
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.17
Excerpt: ... pleaded, cannot be established, or that there is a complete defense to that cause of action. (CCP S437c(p)(2).) 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...
2023.07.14 Motion to Enforce Settlement 814
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.14
Excerpt: ...h his emergency flashers on. Solis was working at the time and made a workers' compensation claim with his employer, Plaintiff, City of Beaumont. Plaintiff filed its Complaint on 7/8/22 alleging a single cause of action for motor vehicle negligence. *** Plaintiff, Jose Solis, brings this motion to enforce a settlement pursuant to CCP S 664.6 on the ground that Defendant and Solis agreed to settle the case for Defendant's insurance policy limits o...
2023.07.14 Motion to Compel Production of Docs, for Sanctions 087
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.14
Excerpt: ...ects and nonconformities to warranty that GVVs authorized repair facility was unable to repair after a reasonable number of attempts, and GM refused to repurchase the vehicle. Plaintiff filed the Complaint on September 22, 2022 alleging causes of action under the Song-Beverly Act including 1) breach of express warranty; 2) breach of implied warranty and 3) negligent repair. On February 15, 2023, Plaintiff propounded on Defendant the first set of ...
2023.07.14 Motion for Summary Judgment, Adjudication 573
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.14
Excerpt: ...al Services, secured by her property by a second position deed of trust, recorded on 11/16/05. Plaintiff alleges she made payments on the loan until 21%8 when she experienced a financial hardship and, as a result, fell behind on her payments and the loan became underwater and unsecured. On 11/14/19, Defendant Affinia Default Services, LLC ("Affnia") recorded a Notice of Default on behalf of defendant Specialized Loan Servicing, LLC ("Special-zed"...

678 Results

Per page

Pages