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2023.07.12 Demurrer on TAC 741
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.12
Excerpt: ...ants") own and jointly operate a wastewater treatment facility in Perris near his property. (ld. at "1 11, 19.) Defendants expanded their water treatment facility and sold the excavated soil from the expansion project. (ld. at 14—15.) Plaintiff contends that this soil contained harmful chemicals and other hazardous materials. (ld. at 20.) Plaintiff alleges that the excavation and storage of this soil caused fine, inhalable particles and dust to...
2023.07.11 Motion to Compel Deposition, for Sanctions 550
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.11
Excerpt: ...20, 2023, Plaintiff appeared for her deposition with her counsel. Approximately a h hour into the deposition, Plaintiff's counsel and defense counsel got into a heated argument about whether an exhibit should be entered on the record. The deposition was terminated prematurely at that time. Defendant now moves to compel Plaintiff's deposition and for sanctions in the amount of $3,681.50, arguing that it was not given a reasonable opportunity to de...
2023.07.11 Motion to Compel Arbitration 210
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.11
Excerpt: ...on issues. (CCP Page 4 of 10 S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330; see also Condee v. ...
2023.07.11 Demurrer 317
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.11
Excerpt: ...ILAN, COUNTY OF RIVERSIDE Tentative Ruling: A party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 665, 672. However, it does not ass...
2023.07.11 Petition to Compel Arbitration 521
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.07.11
Excerpt: ...greement nor did any of her heirs. Instead, Mark Brashear, Decedent's "roommate", signed the arbitration agreement purportedly on behalf of Decedent in the presence of Nancy Anguiano, an employee of Temecula Healthcare. (Dec.Anguiano 1, 3-6.) Ms. Anguiano declares that Mr. Brashear is Decedent's legal representative, and that Decedent's son, Jimmy Hood, who has healthcare power of attorney (POA), instructed her over the phone to have Mr. Brashear...
2023.06.21 Motion to Set Aside Default Judgment 252
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.21
Excerpt: .... Plaintiff alleges that Defendants are the owners of real property located at 11329 Meridian Way, Riverside, California 92505 (the "Property"). (Compl., '1 2.) In September 2005, Defendants, as husband and wife, and third- party Geneva Mumford ("Mumford") purchased the Property as joint tenants via grant deed recorded on September 23, 2W5, document # 2005-0787503, in Riverside county. (9 6; Exh. 1.) on August 19, 2014, Defendants recorded anothe...
2023.06.15 Motion to Compel Responses 242
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.15
Excerpt: ...ses of action, as well as a cause of achon for unfair business practices. On January 23, 2023, Plaintiff served Super M3K (hereinafter, "Defendant") with Special Interrogatories "SROGs"), Form Interrogatories ("FROGS"), Requests for Production ("RFPs") and Requests for Admission ("RFAs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by four separate motions to compel initial responses to ...
2023.06.14 Demurrer to FAC, Motion to Strike 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.14
Excerpt: ...act ("RISC") for the purchase price of 120,977.04, with a down payment of $7,500. (First Amended Complaint ["FAC"], '1 9.) Plaintiffs also allege that Defendants reserved the right to cancel the RISC if it was "unable to assign the contract to a financial institution" and they exercised that right to cancel on October 25, 2021, when the dealership could not assign the contract. (FAC, 10-12.) The dealership mailed Plaintiffs a NOTICE OF CANCELLAT ...
2023.06.02 Motion for Relief from Waiver of Objections 503
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.02
Excerpt: ...sponse that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2030.290(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2030.290, the court employs the same standard of relief used under CCP S 473 for defaults. See City of Fresno v. Super...
2023.06.01 Motion for Attorney Fees, to Tax Costs 743
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.01
Excerpt: ...tion." Defendants do not argue that Plaintiff is not entitled to recoup attorneys' fees, only that the amount sought is not reasonable. The matter of reasonableness of a party s attorney's fees is within the sound discretion of the trial judge. Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062. Courts generally consider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of th...
2023.06.01 Demurrer, Motion to Strike 454
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.01
Excerpt: ...iff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612- 613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the cl...
2023.06.01 Motion for Relief from Waiver of Objections 503
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.01
Excerpt: ...ed a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2031.300(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2031.300, the court employs the same standard of relief used under CCP S 473 for Page 5 of 8 defaults...
2023.06.01 Motion to Set Aside Default 503
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.06.01
Excerpt: ...the default against Defendant on the grounds of attorney error. In support of the motion, Defendant submitted the declaration of Attorney Larry Helfman who declares that the parties engaged in prelitigation settlement discussions, Plaintiff's counsel was aware of his representation, but did not advise when substituted service was made on Defendant's agent for service of process. Then on or about January 17, 2023, by email, Defendant notified coun...
2023.05.30 Motion to Compel Arbitration 265
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.30
Excerpt: ...l law of this state and the United States].) II. The Motion Should Be Denied The arbitration provision of the RISC prov-des in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise... between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (includi...
2023.05.26 Motion to Reopen Discovery 532
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.26
Excerpt: ... to contnue the trial, which the court set for 8/11/23. Defendant moves to reopen discovery to allow a neuropsychological examinaton of Plaintiff. In response to interrogatories, Plaintiff disclosed generic claims of PTSD and headaches, and was receiving psychiatric treatment. At deposition, Plaintiff disclosed traumatic brain injury, memory problems, headaches, nausea, dizziness, severe anxiety, severe depression, panic attacks, reduced judgment...
2023.05.24 Demurrer to FAC 019
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.24
Excerpt: ...eges that the Bank (Plaintiff) and Tilly's (Defendant) entered into a Master Agreement as of 7/28/16. (FAC 5.) The Master Agreement allegedly governs the sale and assignment of boat purchase and sale contracts originated by Tilly's and provided to the Bank [for financing.] (Ibid.) The FAC alleges that on 8/7/17, Tilly's sold and assigned a boat sales contract in the name of Anthony Mai. (ld. '18.) The Bank now alleges that on 4/25/22, it first su...
2023.05.23 Motion to Set Aside FAC 268
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.23
Excerpt: ...ce Guide: Civil Procedure Before Trial I Law and Motion, S 9:102.5 citing Schoendorfv. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 240, fn. 2.) In any case, the statement falls within an exception to the hearsay rule for party admissions. (Evid. Code SS 1220-1227.) The Court should overrule the objection. B. DSlC's Standing Preliminarily, the Court should consider this motion before considering the motion to intervene because judgment has alre...
2023.05.23 Motion for Attorney Fees 467
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.23
Excerpt: .... Petitioner asserts that the HOA violated several provisions of the Governing Documents by failing to hold annual elections for its Board of Directors ("Board") from 2018 to 2022. Petitioner alleges that the Bylaws require that the Board consist of five directors with staggered terms, with three directors elected on odd-numbered years and two elected on even-numbered years. Petitioner alleges that the Board currently has only three Directors. Pe...
2023.05.23 Demurrer, Motion to Strike 581
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.23
Excerpt: ...he fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612-613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law O...
2023.05.22 Motion to Compel Arbitration 264
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.22
Excerpt: ...; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Pro. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of prov...
2023.05.19 Motion to Compel Deposition, for Monetary Sanctions 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.19
Excerpt: ...ber 11, 2022; November 21 and 22, 2022; February 1 and 2, 2023; and March 22 and 23, 2023. on February 10, 2022, RHOC noticed Plaintiff's deposition for April 27, 2022. (Grant Decl. '1 2, Ex. A.) On September 21, 2022, RHOC served fts second notice of deposition on Plaintiff for October 11, 2022. (ld. at 9, Ex. C.) On October 19, 2022, RHOC served its third notice of deposition on Plaintiff for November 21 and 22, 2022. (ld. at 20, Ex. E.) On Jan...
2023.05.18 Petition to Compel Arbitration 130
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.18
Excerpt: ... a result Defendants committed various wage and hour violations. She also alleges in 2021 she began suffering severe pain in her knee and on August 16, 2021 she was placed on medical leave. Plaintiff returned to work in February 2022 and was retaliated against by refusing to allow her to return to her prior position of Training Coordinator, demoting her and requiring her to sit in her offce for an extra half hour without reason. On June 15, 2022,...
2023.05.18 Motion for Leave to Amend FAC 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.18
Excerpt: ...lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[Tlhere 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 not prejudice the substantial rights of others." (Dunzweiler v. Sup. Ct. (1968) 257 Cal.App.2d 559, 576.) Courts will not ordinarily consider the validit...
2023.05.17 Motion for Summary Judgment on TAC 426
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.17
Excerpt: ...Cal.4th 826, 850.) A defendant has met his or her burden under CCP of showing a cause of action has no merit if that party has shown that one or more of the elements of the cause of achon cannot be established, or that there is a complete defense to that cause of acton. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (C.C.P. Arcienaga v. Bank of...
2023.05.17 Demurrer on FAC 347
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.17
Excerpt: ... 123 Cal.App.3d 593, 604.) "In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true." (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) "To survive a demurrer, the complaint need only allege facts suffcient to state a cause of action; eac...

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