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2024.05.14 Motion to Compel Responses 027
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.14
Excerpt: ...d. Plainti ffs Elliot A. Schutzer and Aileen P. Schutzer individually, and as trustees of the Schutzer Trust 2002 dated April 19, 2002 (“Plaintiffs”) are the owner a large residential property located in Rancho Mirage (“Subject Property”). On May 18, 2020, Plaintiffs entered into a written construction contract (“Contract”) with Defendant Engstrom Construction, Inc. (“ECI” or “Defendant”) for a major remodeling project for the...
2024.05.14 Demurrer on TAC 013
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.14
Excerpt: ...on against Defe ndant Asurion Consumer Solutions, Inc. Defendant Asurion demurs to each of these causes of action, on the grounds they are fatally uncertain, and do not allege facts sufficient to state a valid cause of action against Asurion. Defendant also asserts that t he CTAC is a sham pleading. Defendant asserts that Plaintiff's Third Amended Complaint, and the corrected version, constitutes a “Sham Pleading” in that she omitted allegati...
2024.05.13 Motion to Compel Further Responses 998
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.13
Excerpt: ...nses to Deposit ion Questions numbers 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23 25 and 27. Sanctions not imposed pursuant to agreement between parties that “sometimes there are issues that just need the court to resolve (Harnik Decl.) Moving party to provide notice pursuant to CCP 1019.5. This is an employment law case in which Plaintiff Norma Castellanos alleges 17 causes of action for: 1) gender harassment, 2) sexual harassment, 3) failur...
2024.05.09 Motion to Set Aside Default 692
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09
Excerpt: ...or Plaintiff to obta in a conditional use permit. The contract cost was to be $304,147.15 inclusive of labor and materials. Plaintiff alleges that Mirage failed to perform in a workmanlike manner and overbilled in excess of $70,000. Plaintiff also alleges that he hired Defenda nt Van Surveying, Inc. (“Van”) to perform a survey of the Subject Property. Plaintiff alleges that Van was negligent and breach its obligations to Plaintiff by improper...
2024.05.09 Motion to Quash Subpoenas, to Compel Compliance 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09
Excerpt: ...Judgment Cre ditor”) and against defendant David Ross (“Judgment Debtor”) in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. Between December 20, 2023 and January 26, 2024, Judgment Creditor served 21 subpoenas duces tecum on various third parties for records related to Judgment Debtor's assets (collectively “Subpo...
2024.05.09 Motion for Summary Judgment on FAC 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.09
Excerpt: ...d. This is an employment law case in which Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene, all were nurses with Defendant Eisenhower Medical Center, allege in their First Amended Complaint six causes of action for: 1) Religious discrimination/failure to accommodate, 2) medical condition discrimination/failure to accommodate, 3) retaliation, 4) disparate treatment, 5) wrongful discharge and 6) genetic information discrimination. In the in...
2024.05.08 Motion to Compel Arbitration 081
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.08
Excerpt: ...ime with sanctions up to but not to exceed $1,500.00 and or dismissal of pleadings. Case Management Conference is vacated. This is an employment law case in which Plaintiff Randy Pellum alleges 8 causes of action for: (1) Discrimination on the basis of age and race/color/ancestry/national origin of the California Fair Employment and Housing Act ("FEHA"); (2) Hostile work environment; (3) Retaliation for engaging in protected activity; (4)...
2024.05.07 Motion to Compel Further Reponses 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.07
Excerpt: ...ase stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to exper...
2024.05.07 Demurrer, Motion to Strike 988
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.07
Excerpt: ...led, Defendant to file their answer within 20 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This action arises out of Plaintiffs Rosa Chai and Tony Chai's (“Plaintiffs”) sustaining injuries from bedbugs at the Westin Miss ion Hills Resort Villas hotel (the “hotel”) in Rancho Mirage. On July 31, 2020, Plaintiffs checked into the hotel and were assigned Room 3913. On August 3, 2020, Mr. Chai beg...
2024.05.06 Motion to Compel IME 984
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.06
Excerpt: ...failure t o engage in the good faith interactive process, 3) wrongful discharge, 4) retaliation for opposing unlawful practices, 5) retaliation for requesting accommodation, and 6) failure to prevent discrimination. In the instant motion, Defendant Coachella Valley Water District moves the court to compel Plaintiff to submit to an independent mental examination, pursuant to CCP §2032.310. In support of the motion, Defendant's counsel Jorge Luna ...
2024.05.06 Motion for Attorney Fees 367
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.05.06
Excerpt: ... regarding a 2015 GMC Sierra 2500. Plaintiffs allege defects and nonconformities to warranty manifested during the warranty period including the battery; the engine; among other defects and non- conformities. On 1/26/22, Plaintiffs filed a Song -Beverly complaint asserting: (1) breach of express warranty – Civil Code § 1793.2(d); (2) Civil Code § 1793.2(b); (3) Civil Code § 1793.2(a)(3); and (4) breach of implied warranty; of merchantabilit...
2024.04.30 Demurrer on SAC 772
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30
Excerpt: ...esert San ds Unified School District (employee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Pla...
2024.04.30 Demurrer, Motion to Strike 213
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30
Excerpt: ...l. If 1s t Amended Complaint is not filed, Defendant is granted 20 days to file their answer from date of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a bed bug case in which Plaintiff Linda Martini alleges 9 causes of action for 1) breach of warranty of habitability (violation of Civ. Code §1941.1), 2) breach of habitability (violation of H & S Code §17920.3), 3) negligence/premises liability, 4)...
2024.04.30 Motion to Deem RFAs Admitted, to Compel Responses, for Sanctions 549
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.30
Excerpt: ...covery an d to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff filed the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants as a...
2024.04.29 Motion to Deem RFAs Admitted, for Sanctions, to Compel Further Responses 549
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.29
Excerpt: ... discover y and to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff filed the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants ...
2024.04.26 Motion to Compel Arbitration 514
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.26
Excerpt: ... this, Defendants alleged ly failed to properly compile, account for, and pay Plaintiff for the hours she worked. The complaint asserts the following causes of action: (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to timely pay wages upon termination, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to indemnify for business expenses, and (7) unfair competition. Defendants co...
2024.04.26 Demurrer, Motion to Strike 018
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.26
Excerpt: ... answer to r emaining causes of action within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiffs, Oscar and Patricia Zamorano, allege that Defendant, Jorgen Harjo, is a sales person/employee of Defendant, Energy Serv ice Partners, Inc. dba ESP Contracting (ESP), which is a partner to Defendant, Goodleap, LLC (Goodleap). Plaintiffs allege Harjo represented to them that he was selling solar, which ...
2024.04.23 Motion for Summary Judgment on FAC 202
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.23
Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...
2024.04.23 Demurrer on SAC 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.23
Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...
2024.04.22 Motion to Withdraw Deemed Admissions 653
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.22
Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...
2024.04.19 Motion to Vacate Judgment 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.19
Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...
2024.04.19 Motion to Deem RFAs Admitted, to Compel Further Responses, for Sanctions 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.19
Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...
2024.04.18 Motion to Compel Deposition of PMQ, for Sanctions 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18
Excerpt: ...ant”). He co ntends the vehicle has serious defects and nonconformities. The complaint asserts the following causes of action: (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ex press written warranty, and (5) breach of implied warranty of merchantability. Plaintiff brings the instant motions. He brought a prior motion to compel the Person Most Quali�...
2024.04.18 Motion for Summary Judgment 364
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18
Excerpt: ..., and Eisenhower Medical Group (“ EMC”) (together “Defendants”) for: (1) negligence (against Invacare and Compass); strict liability – failure to warn (against Invacare and Compass); (3) strict liability – manufacturing defect (against Invacare and Compass); (4) strict liability – design d efect (against Invacare and Compass); (5) breach of the implied warranty of merchantability (against Invacare and Compass); (6) negligence (again...
2024.04.18 Motion for Preliminary Injunction 740
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.18
Excerpt: ...Commerci al Capital Loan Trust 2021-3. The deed of trust secures a $937,500 Note that carried a 7.99% interest rate. (Lawrence declaration, Exhibit “6”.) It should be noted in Plaintiff's Complaint that the alleged interest rate was 9.6%. While in his complaint P laintiff alleges that the property is his personal residence, supporting documents executed simultaneously with the deed of trust show that the property was intended to be operated a...

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