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2023.07.10 Demurrer, Motion to Strike 564 (2)
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.10
Excerpt: ...he 2nd Cause of Action, it is overruled. Defendant is ordered to file an Answer within 30 days. JUDICIAL NOTICE Defendant requests the court take judicial notice of the following documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiffs voluntary resignation, C) Plaintiff's initial complaint in this action, and D) the operative FAC. Plaintiff objects to the request as to Exhibit B — resignation — only. Defendant requests...
2023.07.05 Anti-SLAPP Motion to Strike 256
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.05
Excerpt: ...anted pursuantto Evid. Code, S 452(d). ENTRY OF DEFAULT Plaintiffs argue that Defendant cannot make this motion because he is in default. However, the instant motion was filed on April 28, 2023, while the request for entry of default was filed on May 2, 2023. It appears the entry of default was filed in error by the clerk's office. As such, the Court orders sua sponte to set aside the incorrect entry of default. As a general rule, when a cause of...
2023.06.28 Motion to Require Security 923
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.28
Excerpt: .... JUDICIAL NOTICE Exhibits 1, 3, 5, 7, 9 (court filed documents): requests are granted to the extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notce may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. C...
2023.06.28 Demurrer 478
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.28
Excerpt: ...need only allege facts suffcient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally a plaintiff need only plead facts necessary "to acquaint a defendant with the nature, source and extent of his claims." (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the cour...
2023.06.27 Motion to Quash Service of Summons on Complaint 487
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.27
Excerpt: ...s attached to, the declaration of plaintiff's counsel, Ken Carlson based on lack of foundation, lack of personal knowledge and hearsay. There is sufficient foundation for the statements, and the testimony and documents are not being submitted to prove the truth of the matters asserted, but their effect on the declarant. CCP S 474 allows a plaintiff who is ignorant of a defendant's identity to designate the defendant in a complaint by a fictitious...
2023.06.27 Demurrer 616
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.27
Excerpt: ...efendant's Demurrer to the Complaint is sustained with leave to amend within 20 days. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP, S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assum...
2023.06.22 Motion to Compel Arbitration 523
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.22
Excerpt: ...eeding 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 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. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218�...
2023.06.21 Motions to Strike 129
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.21
Excerpt: ... is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others," while oppression is defined as "despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights." (Civ. Code S 3294(c)(1)-(2).)1 Despicable conduct is conduct that is base, vile or contemptible. (Col...
2023.06.21 Motion to Compel Further Responses 785
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.21
Excerpt: ...).) In a moton to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The burden to show cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Superior Court (21%2) 96 Cal.App.4th...
2023.06.14 Motion to Set Aside Entry of Default, Judgment 476
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.14
Excerpt: ...GREEN, as to why sanctons not to exceed $1,500.00 or dismissal should not be imposed for Failure to file request for entry of default of all defendants pursuant to CRC 3.110(g) The court is empowered to relieve a party "upon such terms as may be just... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." (C.C.P. S473(b).) C.C.P. 5473(b) contains t...
2023.06.13 Demurrer on SAC, Motion to Strike 873
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.13
Excerpt: ...ve economic advantage, and negligent interference with prospective economic advantage. Because the recommendation is to sustain the demurrer without leave to amend on the tort causes of action, the motion to strike is granted as no underlying tort cause of achon has been stated on which to claim punitive damages under Civil Code section 3294. A demurrer also lies where the pleading does not state facts sufficient to constitute a cause of action. ...
2023.06.12 Motion for Judgment on the Pleadings 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.12
Excerpt: ...ement; and (4) Local Agency Formation Commission of Riverside County Resolution No. 113- 07. These documents may be judicially noticed pursuant to Evid. Code S 452(c), which permits judicial notice of official acts of a legislative, executive or judicial department. Additionally, Plaintiff's request for judicial notice of Chapter 10.40 of the Perris Municipal Code is granted pursuant to Evid. Code S 452(b) as a legislative enactment. Finally, Pla...
2023.06.07 Motion for Summary Judgment 613
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.07
Excerpt: ...2014) 230 Cal.App.4th 935, 945; Code Civ. Proc., 5437c, subd. (p)(2).) "A cause of action 'cannot be established' if the undisputed facts presented by defendant prove the contrary of plaintiff's allegations as a matter of law." (Brantlyv. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Only when defendant meets this burden, "the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to the cause of action...
2023.06.06 Motion to Compel Responses, for Sanctions 138
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.06
Excerpt: ...nses, thereby rendering the substanŸve of these moŸons moot. Cross-Complainant's request for relief from waiver of objecŸons is denied. As to SancŸons, it is denied. Failing to Ÿmely respond to document demands or interrogatories waives all objecŸons to the demands/interrogatories, including claims of privilege and work product. (CCP § 2030.(a), § 2031.300(a).) “The court, on moŸon, may relief that party from this waiver” on d...
2023.06.06 Demurrer 893
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.06
Excerpt: ...The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret th...
2023.06.05 Motion for Leave to Conduct Discovery by Physical Exam 086
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.05
Excerpt: ...or reasonably calculated to lead to the discovery of admissible evidence. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) A medical examination can be ordered for a specific injury that is put in controversy as the subject of the litigation. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 337.) A motion to seek a second medical examination must identify the "time, place, manner, conditions, scope, and nature of the examination, as well as t...
2023.06.05 Motion for Attorney Fees 353
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.05
Excerpt: ...f Civil Procedure section 1032, subdivision (b), which provides that "Except as otherwise expressly prov-ded by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." The costs which a prevailing party is allowed to recover under section 1032 includes attorney's fees authorized by (1) contract, (2) statute, or (3) law. (Code Civ. Proc., Here, it is undisputed that the moving Defendant's status ...
2023.06.05 Motion for Attorney Fees 029
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.05
Excerpt: ...e if attorney's fees are reasonable, which involves multiplying the reasonable rate of services by the number of hours spent on the case. (Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1242.) The party seeking attorney's fees is not entitled to all hours they claim in an attorney fee request and must prove that the hours sought are reasonable and necessary. (Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 1320.) Once the p...
2023.06.02 Motion for Summary Judgment 487
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.02
Excerpt: ... S 437c(q) "In ruling on the motion, the court need only rule on those evidentiary objections that it deems material to disposition of the motion." ) 2) Declaration of Bob Walter: Objections are overruled as Mr. Walter establishes he is the President of the HOA and may testify as to the activites of Defendant. DEFENDANTS OBJECTIONS: Defendant objects to the Declaration of Michael Laichareonsup: 1) As to objection No. 1, the Court declines to rule...
2023.06.01 Motion to Compel Responses 865
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.01
Excerpt: ...., INC Tentative Ruling: Hearing continued to 6/5/23. 2. CVR12302503 MACK VS AZBEN, L.L.C. PRELIMINARY INJUNCTION Tentative Ruling: Plaintiff's Motion for Preliminary Injunction is denied; Temporary Restraining Order issued on 5/17/2023 is dissolved. A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits....
2023.06.01 Motion for Summary Judgment on SAC 278
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.06.01
Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...
2023.05.30 Motion for Summary Judgment on SAC 278
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.05.30
Excerpt: ...osition of Roger Stotts (Ex. 106) 68:21—69:6) for lack of personal knowledge, improper opinion testimony, legal conclusion, speculative, and irrelevant. "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion." (CCP S 437c(q).) Here, the Court will not rule on the evidentiary objections as they are not disposit...
2023.05.30 Application for Preliminary Injunction 007
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.05.30
Excerpt: ...units and contends the photographs depict such work. (ld., '1 7.) The photos are properly authenticated and the objections are overruled. Page 6 of 8 PRELIMINARY INJUNCTION A decision to grant or deny a preliminary injunction is not an ultimate adjudication of the dispute, but simply a provisional remedy intended to preserve the status quo pending a trial on the merits. (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528; Hunt v. Superior C...
2023.05.25 Motion for Summary Judgment 420
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.05.25
Excerpt: ...ersonal knowledge, inadmissible speculation and conclusions, inadmissible hearsay, irrelevant and prejudicial, improper legal conclusion, improper expert testimony, improper lay opinion testimony and conclusory). However, the declaration is based on Wallace's personal knowledge as it explains the accident from his perspective. In his memorandum in opposition, Plaintiff seemingly challenges the declaration on the ground it is selfserving by arguin...
2023.05.25 Motion for Relief from Waiver of Objections 630
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.05.25
Excerpt: ...f as it may be — Empire waived any defect or irregularity in the filing and service of the opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Accordingly, the gives due consideration to Plaintiffs' untimely opposition. REQUEST FOR JUDICIAL NOTICE Empire's unopposed request that the court take judicial notce of the Register of Actions for Tye v. Bowen is denied. While the court may take judicial notice of the files and records of...

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