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2024.03.06 Motion for Attorney Fees 653
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.06
Excerpt: ...54 Cal.App.4th 918, 924. “The trial court has jurisdiction to award them, regardless of the lack of specific instructions in the opinion or the remittitur.” Id. When authorized by statute, contract, or law, reasonable attorney's fees are allowed as costs. CCP § 1033.5(a)(10) (A), (B), and (C). Under Civil Code §1717(a), “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are inc...
2024.03.05 Motion to Set Aside Default 256
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.05
Excerpt: ...ing lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendan t who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted...
2024.02.22 Motion for Summary Judgment 702
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.22
Excerpt: ...or that there i s a complete defense to that cause of action. (CCP §437c(p)(2).) Once the defendant (or cross- defendant) has met that burden, it shifts to plaintiff (or crosscomplainant) to show that a triable issue of one or more material facts exists as to that cause o f action or defense thereto. (CCP §437c(p)(2).) The moving party has met its initial burden regardless of whether the opposing party files counter -declarations. (Aguilar v. ...
2024.02.20 Demurrer 522
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.20
Excerpt: ...whole and a ll of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, an d of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions,...
2024.02.14 Motion to Quash Deposition Subpoena for Production of Employment Records 812
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.14
Excerpt: ..., modifying i t, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., §1987.1(a).) Either the ...
2024.02.14 Demurrer, Motion to Strike 186
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.14
Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...
2024.02.13 Motion to Compel Further Responses 863
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.13
Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...
2024.02.13 Demurrer 522
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.13
Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...
2024.02.08 Motion to Compel Arbitration 986
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.08
Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...
2024.02.06 Demurrers, Motions to Strike 938
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.06
Excerpt: ...PLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE COMPLAINT ON 2ND AMENDED COMPLAINT FOR OTHER REAL PROPERTY (OVER $25,000) OF PEYMAN HEIDARY CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT CVRI2300938 HEIDARY VS JP MORGAN CHASE BANK, N.A. JOINDER TO DEMURRERS AND REQUESTS FOR JUDICIAL NOTICE FILED B...
2024.02.05 Motion to Quash Deposition Subpoena for Production of Business Records 329
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.05
Excerpt: ... respect to sanctions, no sanctions are awarded to either party. The court, upon motion reasonably made by the party, the witness, any consumer, or employee whose personal records are sought, “or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may declare, including ...
2024.02.05 Demurrer 522
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.05
Excerpt: ...spite it being Þled a day late, because it was only late due to the change in the hearing date or the demurrer, and Plainti¯ still had su¯icient time to Þle a reply, so it was not prejudiced by the 1-day delay. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all o its parts in their context. (Moore v. Regents o University o Caliornia (1990) 51 Cal.3d 120, 125.) The court a...
2024.02.02 Motion to Compel Further Responses 657
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.02
Excerpt: ...t must provide further responses that comply with the requirements of CCP §2031.230; speciÞcally, Defendant must identify why the requested documents are unable to be produced (never existed, lost, misplaced, stolen, in another's possession, etc.). RFP Nos. 15-20, 35-40, 55-60, 75-80, 95-100, 119, 121: Defendant is ordered to produce any relevant police reports related to the incidents alleged in Plainti¯s' Complaint. Defendant is ordered to ...
2024.02.01 Motion to Compel Responses, Deposition 919
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.01
Excerpt: ...ral), that party may Þle a motion compelling further responses. (CCP § 2031.310.) The motion to compel further responses “shall set forth speciÞc facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and speciÞc facts...
2024.02.01 Motion to Compel Deposition 010
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.02.01
Excerpt: ... requested.” (CCP § 2025.230.) The deponent must “designate and produce at the deposition those of its o¯icers, directors, managing agents, employees, or agents who are most qualiÞed to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent.” (Id.) A request for documents may be made in connection with the PMK deposition, and when such a request for documents is made, “...
2024.01.31 Motion to Strike Complaint 298
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.31
Excerpt: ...App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be su¯icient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.Ap...
2024.01.31 Motion to Quash Deposition Subpoena 812
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.31
Excerpt: ...e subpoena entirely, modiying it, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee rom “unreasonable or oppressive demands, including unreasonable violations o the right o privacy o the person.” (Code Civ. Proc., §1987....
2024.01.31 Motion to Compel Compliance with Discovery Order, for Monetary Sanctions 250
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.31
Excerpt: ...a document that is in the possession o another party. A demanding party may move to compel a urther response to a demand or inspection i the party determines that the statement o compliance or representation o inability to comply is incomplete or i an objection is without merit. (Cal. Code Civ. Proc. §2031.310(a)(1)-(3).) I the court grants the motion to compel urther responses and the responding party ails to obey the court's order, t...
2024.01.30 Motion to Compel Deposition of PMQ 731
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.30
Excerpt: ...octrine and are limited to the time period from the time of Plainti¯s' purchase to present. As to Sanctions, it is denied. CCP §2025.230 governs the depositions of persons most qualiÞed as follows: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event the deponent shall designate and produce at the deposition those of its o...
2024.01.30 Motion for Summary Judgment, Adjudication 130
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.30
Excerpt: ... of expert qualiÞcation, inadmissible speculation and conclusion, improper legal conclusion, and assume facts not in evidence. “In granting or denying a motion for summary judgment [], the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Here, the Court declines to rule on Defendants' evidentiary objections because they are not directed at evidence that are mater...
2024.01.30 Motion for Judgment on the Pleadings 116
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.30
Excerpt: .... (C.C.P., § 438(e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) When the moving party is a defendant, the motion may only be made on the following grounds: “(i) The court has no jurisdiction of the subject of the cause of action against that defendant” or “(ii) The complaint does not state facts su¯icient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438(c)(1)(B)(i)&(ii).) The mot...
2024.01.29 Motion to Quash Deposition Subpoenas 919
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.29
Excerpt: ...§ 19871) A deposition subpoena may be attacked based on, inter alia, deects in the orm and content o the subpoena, records sought not within the permissible scope o discovery, and a consumer's right o privacy in among other grounds (Weil & Brown, CPG: Civ Proc Beore Trial (TRG 2023) §8:598; see also, CCP §19853(e) [consumer's right to privacy in “personal records”) This motion addresses two deposition subpoenas or medical rec...
2024.01.29 Demurrer on FAC 616
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.29
Excerpt: ... (CCP § 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 assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been req...
2024.01.29 Demurrer 242
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.29
Excerpt: ... whole and all of its parts in their context (Moore v Regents of University of California (1990) 51 Cal 3d 120, 125) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v Katleman (1994) 8 Cal 4th 666, 672) However, a demurrer does not admit contentions...
2024.01.25 Motion to Bifurcate on FAC 112
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ...lving interpretation of commercial lease, parties agreed to try lease interpretation issue separate from damages issue). The objectives of this bifurcation of the trial are to • Avoid wasting time and money on the unnecessary trial of damage questions if the liability issue is resolved against the plaintiff; • Promote settlement of the case if the liability issue is resolved against the defendant; and • Afford a more logical presentation of...

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