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2024.01.25 Motion for Attorney Fees 778
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ... lemon law matters. (Kirnos Decl. "29-32.) Kirnos provides the following information for timekeepers on this matter: Timekeeper Years in Practce Hourly Rate Roger Kirnos 15 years $550/hour Armando Lopez 6 years $375/hour (currently) Amy Morse 11 years $450/hour (currently Deepak Devabose 10 years $425/hour (currently) Elvira Kamosko 3 years $295/hour Jeffery Mukai 14 years $495/hour (currently) Jacob Cutler 15 years $495/hour (currently) Maite Co...
2024.01.25 Application for Writ of Possession 254
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.25
Excerpt: ...out waiting for trial. (See CCP S 512.010 et seq.; Am. Mach. & Foundy co. v. Pitchess (1968) 262 cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a particular descr...
2024.01.24 Motion to Set Aside Default Judgment 835
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.24
Excerpt: ...atter of law for many reasons, including lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Ordinarily, there is no time limit on a collateral attack on a void judgment. "A judgment void on its face ... is subject to collateral attack at any time." (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) The law favors judgment on the merits, so any doubts regarding whether relief from a def...
2024.01.24 Demurrer 493
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.24
Excerpt: ...nt's Anthony P. Cara. (Exhibit C.) The court may take judicial notice of all of the above; however, none of the documents ultimately have any relevancy to ruling on this demurrer. To withstand a demurrer the complaint must contain "a statement of the facts constituting the cause of action, in ordinary and concise language." (C.C.P. S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that...
2024.01.22 Petition to Compel Arbitration 875
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...ng that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP 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/moton to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be at...
2024.01.22 Demurrer 985
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...e 22, 2022, Plaintiff MICHAEL NOLL was seen and evaluated by Defendant RUSSELL HISSCOCK, D.O., and/or DOES 1 through 33, at Eisenhower Medical Center's Primary Care Facility at the Brimble and Johns Health Center. MICHAEL NOLL suffered from Parkinson's disease, but fortunately his condition was slowprogressing, and he enjoyed an active, healthy, and full life with his spouse, ROLAND LEWIS. For some time, MICHAEL NOLL had been taking the prescript...
2024.01.22 Demurrer 547
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.22
Excerpt: ...valuatng a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...
2024.01.16 Motion for Sanctions 664
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.16
Excerpt: ... or cause delay and increase costs of litigation; 2) the claims are warranted under existing law or a nonfrivolous argument for the extension of existing law; and 3) the allegations have evidentiary support. (Cal. Code Civ. Pro. S 128.7(b).) "Under both Code of Civil Procedure section 128.7 and [Federal Rule of Civ. Proc.1 11, there are basically three types of submitted papers that warrant sanctions: factually frivolous (not well grounded in fac...
2024.01.16 Demurrer, Motion to Strike 115
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.16
Excerpt: ... challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of achon stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is ...
2024.01.12 Petition for Writ of Mandate 571
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.12
Excerpt: ... the Agenda Packet for the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 4— Minutes of the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 5 — Excerpts from the Agenda Packet for the 7/7/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 6 — Excerpts from the Agenda Packet for the 11/16/2015, the RUSD School Board Study Session • Exhibit 7 Excerpts from the Agenda Packet for the ...
2024.01.11 Demurrer to SAC, Motion to Strike 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...oss-defendant Dudek's Demurrer as to the first cause of action for breach of contract on the ground the pleading is uncertain is sustained with leave to amend within 20 days. Motion to Strike is moot. A demurrer also lies where the pleading does not state facts suffcient to constitute a cause of achon. (Code Civ. Proc., S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and al...
2024.01.11 Motion for Summary Judgment, Adjudication 231
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...q).) Defendant submits objections to portions of Greer and Dr. Bresler's declarations. As to the Greer declaration, the Court sustains objection nos. 1-2 as hearsay and nos. 3-5 for lack of foundation and improper expert opinion. As to the declaration of Dr. Bresler, the Court sustains objection no. 1 as hearsay and no. 2 as hearsay, lack of foundation and improper expert opinion. Summary judgment is granted when a moving party establishes the ri...
2024.01.11 Motion to Compel Deposition of PMQ and Custodian of Records 652
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.11
Excerpt: ...ty may depose an entity's person most knowledgeable on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (CCP S 2025.230.) The deponent must "designate and produce at the deposition those of its offcers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or re...
2024.01.10 Motion to Strike, Demurrers, Motion to Quash Service, for Sanctions, to Compel Responses 237
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.10
Excerpt: ...of his motion to strike Western Surety Company's demurrer and motion to strike as sham pleadings, Plaintiff requests judicial notice of the following documents: 1. A letter, dated October 10, 2023, demanding an investigation, arrests, prosecutions, and indictments, sent to the FBI and the Riverside DA's Office; 2. CM/ECF Guide for Entering Party Names, united States Northern District Court of Indiana; 3. Riverside Superior Court Register of Actio...
2024.01.10 Demurrer on SACC, Motion to Strike 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.10
Excerpt: ...murrer to the 2nd Amended Cross-complaint is stricken. Where a demurrer was overruled as to certain causes of action, the trial judge cannot subsequently rule on a demurrer on the same causes of action because the court is "foreclosed from rendering a new determination on the viability of those claims" without a properly filed motion for reconsideration under Code of Civil Procedure secton 1008. (Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-9...
2024.01.09 Motion to Set Aside Default on SAC 237
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.09
Excerpt: ... of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Ibid.) "The difference between judicial and clerical error rests not upon the party committing the error, but rather on whether it was the deliberate result of judicial reasoning and d...
2024.01.09 Motion to Quash Deposition Subpoena 657
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.09
Excerpt: ...as made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case." (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232-33.) The Subpoena at issue here requests: REQEST NO. 1- All notes, records, memorandums, witness statements, and documents relating to Tasceaie Churchwell, Brenda Chavez, Vanessa Chavez, Griselda Revollo, and Odette Dawn Cilluffo. REQEST NO. 2- All no...
2024.01.09 Demurrer, Motion to Strike 778
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.01.09
Excerpt: ...as to the 1st Cause of Action is sustained with Leave to Amend within 20 days. Page 5 of 5 DEPENDENT ADULT ABUSE Abuse of an elder or a dependent adult means any of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental...
2023.12.21 Motion for Summary Judgment, Adjudication 026
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.21
Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...
2023.12.15 Petition for Peremtory Writ of Mandate 383
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.15
Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...
2023.12.15 Motion for Summary Judgment, Adjudication 026
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.15
Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...
2023.12.14 Demurrer on FAC, Motion to Strike 307
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.14
Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. 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 assumes the truth of all mater...
2023.12.13 Demurrer, Motions to Strike 467
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.13
Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...
2023.12.13 Demurrer to FAC 560
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.13
Excerpt: ...knowledge and hearsay. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...
2023.12.12 Motion for Summary Judgment on FAC 305
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.12
Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...

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