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2023.07.19 Motion for Approval of PAGA Settlement 289
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.19
Excerpt: ...he Aggrieved Employees are defined as: "All other nonexempt, hourly employees, current and former, who were employed by Defendant within one year prior to June 8, 2021, through final disposition of this action." (Compl. 13.) At all relevant times, Plaintiff and the Aggrieved Employees were employees of Defendants. (ld. at 21.) On October 28, 2022, Plaintiff filed this action against Defendants, alleging a single cause of action for PAGA #nalties....
2023.07.18 Motion to Reclassify Action from Unlimited to Limited Civil Case 670
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.18
Excerpt: ... Storck ("Ellis") and August Cobb Storck (August") (together, "Plaintiffs") filed the form complaint in this action on December 2, 2022 and the operative first amended complaint ("FAC") (also a form complaint) against defendant Spencer Food Services, Inc. ("Defendant"). On November 20, 2022 Benjamin and his daughter, Ellis (age 4), and his son, August (age 6), went to Spencer's Restaurant (the "Restaurant") in Palm Springs. Upon entering, Benjami...
2023.07.14 OSC Re Preliminary Injunction 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.14
Excerpt: ...aintiffs. Page 12 of 13 On June 2, 2023, this court issued a statement of decision following a bench trial in this case, which was finalized June 16, 2023. The Court ordered that title to all three subject Palm Springs Properties be quieted in favor of Defendant Cardenas as of July 24, 2018 free of all liens asserted by Plaintiffs or other named Cross-Defendants. Furthermore, the Court found that Cross-Defendants Seeley, McLaughlin and Interventi...
2023.07.14 Motion to Compel Deposition of PMQ 660
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.14
Excerpt: ... check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Beverly); and (2) breach of express warranty (Song Beverly). Plaintiffs move to compel the deposition of Defendant's PMQ, who failed to appear for deposition. Defendant has refused to produce a PMQ for ...
2023.07.14 Motion for Summary Judgment, Adjudication 199
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.14
Excerpt: ...rt & Final LLC ("Defendants") negligent placed plastic pallets and break racks near flammable contents within Defendants' storage container, directly adjacent to Plaintiffs' business. (Complaint, 91.) The Fire spread quickly to Plaintiffs' electrical service panel causing meltdown and a combustible explosion inside Plaintiffs' AMF Foods, Inc. ("AMF") and Andrew Feghali's business.(ld., 92.) On August 12, 2021, Plaintiffs filed a Complaint for, an...
2023.07.13 Right to Attach Order 980
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.13
Excerpt: ...ursuant to CCP 1019.5. Plaintiff Granite Constructon Company ("Granite") filed the complaint ("Complaint") in this action on December 21, 2022 against defendant SilverRock Phase l, LLC Defendant is alleged to be the owner of an interest in real property described as the Talus Resort and Residences (the "Real Property") in La Quinta, CA. (Complaint, '1 5.) Granite alleges that it entered in a written contract (the "Contract") with SilverRock under...
2023.07.13 Motion to Compel Further Responses, for Monetary Sanctions 053
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.13
Excerpt: ...errogatories, Set One, No. 6 and 13 within 30 days of service of notice (CCP S 2031.310). Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a vehicular collision personal injury case. Plaintiff Alixs Amairani Ceballos ("Plaintiff") alleges that on June 16, 2022, her vehicle was struck by a vehicle negligently owned and/or 0#rated by Defendant Michael Kerner ("Kerner"). Plaintiff sustained serious injuries as a result of the...
2023.07.11 Motion to Strike Complaint 631
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.11
Excerpt: ...in Business Establishment, Unruh Civil Rights Act, Civ. Code S 51; (3) Unlawful Business Practices (Rent Increase), Bus. & Prof. Code S 17200; (4) FEHA Retaliation, Gov. Code S 12955(f); (5) Trespass/unlawful Entry, Civ. Code S 1954; (6) Negligence; and (7) Assault and Battery. Defendants are owners of a residential rental property located in Thousand Palms in the Tri-Palm Estates and Country Club (hereinafter the "Property"). (Compl. 8—10.) Pl...
2023.07.10 Motion to Compel Further Responses 660
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.10
Excerpt: ...al. Plaintiff to provide notice pursuant to CCP 51019.5. Plaintiffs Ruben Vega and Rosalie Vega allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On 11/29/22, Plaintiffs filed their complaint for: (1) breach of implied warranty of merchantability (Song Be...
2023.07.06 Motion for Preliminary Approval of Class Action Settlement 431
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.06
Excerpt: ...efendant D/T Carson Enterprises ("Carson Enterprises") from March 6, 2018 to August 10, 2018 as a mechanic's helper and welder. alleges that co-worker, Steven Young ("Young") made sexually explicit comments and gestures to Plaintiff due to his perceived orientation. Plaintiff asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventative action was taken. He claims that he was termin...
2023.07.06 Demurrer 933
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.06
Excerpt: ...r becoming final. Matter will be reassigned to complex case department pursuant to PAGA claim in 13th cause of action. Notice will be provided by court regarding next hearing. Defendant to provide notice pursuant to CCP 1019.5. This is a wage and hour class action filed by Plaintiff on April 21, 2023 against defendants Cove Electric, Inc. ("Cove") and Bojkovsky (collectively, "Defendants"). Plaintiff alleges thirteen causes of action for (1) Fail...
2023.07.06 Anti-SLAPP Motion to Strike 933
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.06
Excerpt: ...Rights and (2) CFRA Retaliation against Defendant Desert Community College District ("Defendant"). Plaintiff alleges as follows in their opposition (Paragraph citations do not match operative Complaint): Plaintiff Mr. Baker is a higher education administrator with more than 26 years of experience. Declaration of Jeffrey Hilton Baker, June 21, 2023. (Complaint, '1 1.) As an administrator Mr. Baker has consistently performed above expectations and ...
2023.07.05 Motion to Specially Set Hearing for Summary Judgment, Adjudication 082
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.05
Excerpt: ...ation. On September 24, 2021, Defendant Vibe Growth Corp., fka Vibe Bioscience Ltd. filed a cross-complaint against Plaintiff for (1) breach of contract; (2) common count: money had and received; (3) unjust enrichment; and (4) declaratory relief. On May 19, 2023, Defendant Joseph Starr ("Defendant") filed a motion for summary judgment/adjudication, which is presently calendared for hearing on September 7, 2023. Trial is presently set for Septembe...
2023.07.05 Demurrer on TAC 790
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.05
Excerpt: ...transfer from one senior housing unit in which Plaintiff Michael Ydigoras ("Plaintiff") resided to another unit owned by the City and operated by Defendant WinnResidental California I—P. ("Defendant"). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an elderly, disabled, gay male, victim of stalking and hate violence who was given VAWA protection. On December 28, 2021, the court sustained Defendan...
2023.07.03 Motions to Compel Further Responses 650
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.03
Excerpt: ...nt of $1,060.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Plaintiff ordered to give notice pursuant to CCP 51019.5. This is a Song Beverly suit. On November 13, 2021, Plaintiff Mario Serna ("Plaintiff") purchased a 2021 Honda Accord ("Subject Vehicle"), which was manufactured and/or distributed by Defendant American Honda Motor Company ("Defendant" or "Honda"). The Subject Vehicle was purchased wit...
2023.07.03 Demurrer, Motion to Strike 972
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.03
Excerpt: ...ce — Recklessness and Gross Negligence and (2) Intentional Infliction of Emotional Distress. The complaint alleges that on March 29, 2022, Plaintiff was playing a round of golf with his father and a couple they met that day, at the JW Marriot Desert Springs Resort & Spa located at 74-855 County Club Drive, Palm Desert, California ("Premises"). Plaintiff's father is in his 70s and has some physical limitations which make him slower on the golf c...
2023.06.30 Motion to Compel Arbitration 947
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.30
Excerpt: ...uant to CCP 1019.5. This case arises out of an employment dispute between Plaintiff Julian Gonzales ("Plaintiff") and Shottenkirk-california , LLC dba Shottenkirk Desert Lexus (erroneously sued as Shottenkirk California LLC dba Shottenkirk Desert Lexus, Shattenkirk Desert Lexus) ("Defendant"). During Plaintiff's employment with Defendant, he executed a Binding Arbitration Agreement to arbitrate all employment disputes. Specifically, on April 29, ...
2023.06.30 Motion for Sanctions 160
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.30
Excerpt: ...his order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiff Gary Sauter ("Sauter") filed the complaint ("Complaint") in this action on May 3, 2021 against defendants Fred Rudat ("Fred") and Marta Rudat ("Marta") Sauter alleges that in October 2018, he entered into a loan agreement with Fred and Marta, in order to prevent a forced sale of their residential property (the "Property") in Rancho Mirage. (Complaint, 5, Exhib...
2023.06.28 Motion for Summary Judgment, Adjudication 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.28
Excerpt: ...on and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees of the County of Riverside. Plaintiffs' allegations all concern actions taken after the hiring in August 2016 of former District Superintendent, recently deceased, Defendant Charles Bush. The operative Third Amended Complaint (TAC) contains the following causes of action: (1) Discrimination based on age, gender...
2023.06.27 Motion to Consolidate 838
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.27
Excerpt: ...S2300446 and Boss 12 429 Properties Inc. v. Dispense 360, LLC, Case Number: UDPS2300452 shall both be consolidated with this case for all purposes. The cases shall be transferred from Department PS4 to Department PS2. Plaintiff to provde notice pursuant to CCP 1019.5. Page 4 of 6 This is a partnership dispute involving a cannabis business. In 2017, Plaintiff Kevin Sperry ("Sperry") along with Defendants Paul Pavao ("Pavao") and John Kearney ("Kea...
2023.06.27 Motion for Attorney Fees 351
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.27
Excerpt: ...ents"). On February 28, 2023, judgment was entered granting Petitioner's requested relief, releasing Petitioner's property from the mechanic's lien and awarding Petitioner $453.70 in costs was filed. On March 30, 2023, Petitioner filed a memorandum of costs seeking $685.18 in costs. Petitioner now seeks an award of attorney fees and costs under Civ. Code S 8488 as the prevailing party and requests $10,055.50 in attorney fees. The moton is support...
2023.06.26 Motion to Compel Further Responses 091
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.26
Excerpt: ...ssion of the vehicle, and during the warranty period, Plaintiff discovered it contained defects to the engine, battery system, fuel gauge system, electrical system, air conditioning system, and other potential defects. Plaintiff alleges she provided Defendant, General Motors, LLC (GM) and its representatives with sufficient opportunity to repair the vehicle, but they were unable to do so within a reasonable number of attempts. She alleges the def...
2023.06.23 Motion to Compel Judicial Reference 540
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.23
Excerpt: ...ee. The appointed referee shall resolve all discovery issues without Court intervention. Judicial reference proceedings are to be conducted within 18-months of this order — December 23, 2023. No extension of completion date without further order by this Court. Trial Setting Conference and OSC of 5/27/23 are vacated. Status hearings will continue in 6-month increments. With the next one scheduled for December 7, 2023, 8:30 a.m. in Department PS2...
2023.06.22 Motion for Preliminary Approval of Class Action Settlement 431
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.22
Excerpt: ...ating whether he/she is aware of any other class or representative actions involving Defendants and that an inquiry was made as to this issue. 3. Counsel for Defendants did not file a declaration regarding any relationship with the cy pres. 4. Defendants did not provide a declaration concerning the age and educational background of the Class Members. 5. The Notice Packet is not attached to the Proposed Order. 6. Class Counsel's declaration does n...
2023.06.22 Demurrer, Motion to Strike 665
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.06.22
Excerpt: ...oming final. . Defendant WATCHTOWER to provide notce pursuant to CCP 1019.5. In the operative complaint, Plaintiff AS alleges that she is a victim of childhood sexual assault by Jose Murillo, her stepfather who had an administrative position known as Elder, Overseers and Ministerial Servants with Defendants Watchtower Bible and Tract Soc:iety of New York, Inc. and West Palm Springs Congregation of Jehovah's Witnesses, Inc. Plaintiff reported the ...

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