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2023.12.12 Demurrer 256
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.12
Excerpt: ...ny court in this state. (Evidence Code S 452(d).) Accordingly, Defendant's unopposed request for judicial notice is granted. 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...
2023.12.11 Motion to Contest Good Faith Settlement on Complaint 403
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.11
Excerpt: ...od faith; such a determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP S 877.6 (a), (c)-(d).) The case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, established the often-cited factors to be considered by the court in det...
2023.12.11 Demurrer on FAC 025
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.11
Excerpt: ...urt 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, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Ifthe complaint falls to stat...
2023.12.07 Motion to Compel Responses, for Sanctions 799
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.07
Excerpt: ...iff is ordered to file a supplemental declaration 10 days prior to the hearing date describing the supplemental meet and confer, and indicate whether any issues were resolved informally. A motion to compel a further response to an inspection demand or interrogatory must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve informally the issues presented by the motion before filing the motion. (Cal...
2023.12.07 Motion for Leave to Amend Complaint 283
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.07
Excerpt: ...ny pleading at any time. CCP SS 473(a), 576. See Hong Sang Market, Inc. v Peng (2018) 20 CA5th 474, 488, 229 CR3d 99CCP 5473 provides: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the tme for answer o...
2023.12.05 Motion for Relief from Waiver of Objections 863
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.05
Excerpt: ...UP OF AMERICA, INC.'S MOTION FOR RE IEF FROM WAIVER OF OBJECTIONS-SPECIAL INTERROGATORIES BY VOLKSWAGEN GROUP OF AMERICA, INC. Tentative Ruling: Defendant's Motion for Relief from Waiver of Objections to Requests for Admissions, Form Interrogatories, and Special Interrogatories are granted. A party to whom interrogatories have been propounded must serve responses within 30 days after service of the interrogatories. (C.C.P. S 2030.260(a).) A party...
2023.12.05 Demurrer to FAC 544
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.05
Excerpt: ...t General Corp. (2007) 148 Cal. App. 4th 97, 113.) City requests judicial notce (RIN) of: 1) the fact that the City of Riverside is a public entity (Evid. Code S 452(g), (h)); 2) the operative Charter Section 419; 3) the Charter section 1109; and 4) Resolution No. 23256, S 1104 (Evid. Code SS 451(a), 452(b), (g), (h), 453) (see Dec.Verska, Exs. "A" — "C".) The fact that the City is a public entity is judicially noticeable under the catch-all pr...
2023.12.04 Demurrer, Motion to Strike 564
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.04
Excerpt: ... Demurrer is overruled. Defendant's Motion to Strike is sustained with leave to amend within 20 days. REQUEST FOR JUDICIAL NOTICE Defendant requests the court take judicial notce of the followng documents: A) an order in Plaintiff's workers' compensation case, B) Plaintiff's voluntary resignation, C) Plaintiff's initial complaint in this action, D) the First Amended Complaint ("FAC"); and E) the operative SAC. Plaintiff objects to the request as ...
2023.12.01 Motion to Set Aside FAC 938
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.12.01
Excerpt: ... may, on motion of either party after notice to the other party, set aside any void judgment or order. "[A1 default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void." (Calvert v. A1 8inali (2018) 29 Cal. App. 5th 954, 961.) "Notice of the litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons." (Mjs Ente...
2023.11.30 Motion for Judgment on the Pleadings 266
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.30
Excerpt: ...on as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed." (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in are deemed admitted and given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal. App. 4th 194, 198.) "No matter how unlikely or improbable, a plaintiff's allegations mus...
2023.11.29 Demurrer, Motion to Strike 721
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: ...ys. 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 material facts which have been properly pleaded, of facts whic...
2023.11.29 Motion to Compel Arbitration 864
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: ...ts; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending 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...
2023.11.29 Motion to Compel Further Responses 476
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.29
Excerpt: .... (Cal. Code Civ. Pro. S 2031.310(b)(2); Cal Code Civ Proc S 2030.300(b.) "This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order." ( ownsend v. Superior Court (1998) 61 Cal. App. 4th 1431, 1435.) The level of effort necessary to satisfy the requirement varies depending on the circumstances of the case, but a serious effort is required. (Stewart v. Colonial Western A...
2023.11.28 Motion to Dissolve Preliminary Injunction 007
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.28
Excerpt: ...ining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order." (CCP 5533.) The court has inherent power to or dissolve preliminary injunctions. (City of San Marcos v. Coast Waste Management, Inc. (1995) 47 Cal.App.4th 320, 328.) On May 30, 2023, the Court issued the preliminary injunction prohibiting Moving Defendants from instituting or prosec...
2023.11.27 Motion to Compel Deposition 431
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ....P. 52025.280(a).) Pursuant to C.C.P. 52025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under C.C.P. 52016.040. (C.C.P. 52025.450(b).) Evaluating whether a "reasonable and faith attempt" to meet and confer was ma...
2023.11.27 Motion to Compel Arbitration 000
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ... to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence." A p...
2023.11.27 Motion for Attorney Fees 024
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.27
Excerpt: ...oos Fire Protecton (2012) 53 Cal.4th 1244, 1248 [prevailing party may recover attorney's fees only when a statute or contract provides for fee shiftingl.) Accordingly, Plaintiff's request for attorney's fees in the amount of $28,722.72 is denied. Plaintiffs indicate that they continued to pay half the mortgage payment for the Property for 18 months in the total amount of $15,118.92 while Defendant failed to make any payment. The only support for ...
2023.11.22 Motion to Consolidate 776
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.22
Excerpt: ... court. [See CCP S 1048] The purpose is to enhance trial court efficiency (i.e„ to avoid unnecessary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978-979, 56 CR2d 16, 17- 18] By statute, "(w)hen actions involving a common...
2023.11.22 Demurrer, Motion to Strike 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.22
Excerpt: ...oral arguments will be heard 11/29/23). A general demurrer lies where the pleading does not state facts sufficient to consttute a cause of action. (C.C.P. 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 material facts which have...
2023.11.21 Motion to Compel Arbitration 224
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.21
Excerpt: ...to arbitrate the dispute covered by the agreement. (C.C.P. S 1281.2.) There is a strong public policy in favor of arbitration agreements." (Blake v. Ecker (2CM) 93 Cal.App.4th 728, 741.) Upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the ...
2023.11.21 Motion for Summary Judgment on FAC 431
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.21
Excerpt: ...mann, a registered Civil Engineer, particularly on grounds of lack of foundation, hearsay, lack of personal knowledge, speculation and improper bases for opinion. These objections are overruled. Caltrans' objections to Zacheis' evidence Objections to Plaintiff's Documentary Evidence Caltrans makes 11 objections (Objections 1-11) to Plaintiff's evidence, asto Exhibits B, C, D, E H, l, N, P, Q, and T primarily on grounds of no authentication, impro...
2023.11.20 Motion to Strike Complaint 691
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.20
Excerpt: ...ut all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to str...
2023.11.20 Motion for Leave to File Complaint 116
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.20
Excerpt: ...to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other achon assert against the plaintiff the related cause of action not pleaded. A "related cause of action" is defined under CCP S 426.10(c) as, "a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as t...
2023.11.15 Motion for Attorney Fees 556
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.15
Excerpt: ...1038 is authorized on the granting of a moton for summary judgment or other dispositive motion at trial. (C.C.P., S 1038(d).) "The plain purpose of section 1038 is to discourage frivolous lawsuits against public entities by providing public entities with an alternative remedy to a constitutionally proscribed action for malicious prosecution." (Gamble v. Los Angeles Dept. of Water and Power (2002) 97 Cal.App.4th 253, 258—259.) To support an awar...
2023.11.15 Demurrer, Motion to Strike 210
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.11.15
Excerpt: ... are barred by res judicata, and the Complaint is insuffcient to state a cause of action. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., 5430.10(e).) 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 ma...

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