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2022.08.03 Petition for Relief from Claims Requirement 946
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.08.03
Excerpt: ... Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. On May 21, 2021, Plaintiff submitted his claim for damages with the City of Rancho Mirage and/or the County of Riverside. On June 22, 2021, Defendant County of Riverside provided Petitioner with a declaration that stated the location of the incident was within the limits of the City of ...
2022.08.01 Motion for Summary Judgment, Adjudication 599
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.08.01
Excerpt: ...ailed to meet their initial burden of producing evidence to make a prima facie showing, objections to evidence provided by Defendants were immaterial in the Court's analysis. Objections properly presented in compliance with CRC 3.1352, but not ruled on, are preserved for appeal. (Code Civ. Proc., §437c(q); see also Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) Plaintiffs bring this action against the developer of an industrial commercial dev...
2022.07.29 Motion for Summary Judgment 672
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.29
Excerpt: ... concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.).) Defendant Cardenas Three is a Defendant in the master case. In that case, Defendant Cardenas Three moved the court for summary judgment...
2022.07.28 Demurrer 946
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.28
Excerpt: ... negligence against the City of Rancho Mirage and the County of Riverside. Plaintiff alleges that on December 18, 2020, he slipped and fell on the sidewalk of Frank Sinatra Drive and Da Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of ac...
2022.07.27 Motion to Strike Demurrer on FAC 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.27
Excerpt: ... Star Media dba Exhibiteam is in the business of providing exhibit booths for companies to feature their products at events, like trade shows and festivals. Plaintiff has provided these services to Defendant Kings Garden in the past. On November 21, 2021, Plaintiff provided Defendants with the pricing and design for a display booth, which Defendants approved. Plaintiff alleges the parties entered into a written agreement on November 22, 2021 unde...
2022.07.26 Motion to Dismiss or Stay for Forum Non Conveniens 736
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.26
Excerpt: ...s no proof of service indicating that TravelHost Network was served with the Opposition electronically or otherwise. Since defendants were able to timely file a reply on the merits though there is no prejudice from any irregularity in service of the Opposition as will be discussed further below. Plaintiff alleges he purchased from Defendant David Portener (not a party to the instant motion) the tangible and intangible assets related to the publis...
2022.07.26 Demurrer 133
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.26
Excerpt: ...properly licensed at the time it was awarded the contract with Desert Horizon, such conduct would not amount to actionable unlawful interference. (Settimo Associates v. Environ Systems, Inc. (1993) 14 Cal.App.4th 842, 846.) Likewise, Defendant's RJN of minute orders, tentative ruling and Plaintiff's responses to written discovery are also denied. On October 16, 2020 Plaintiff NPG, Inc. (“Plaintiff”) filed the original complaint in this unfair...
2022.07.21 Demurrer, Motion to Strike 954
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.21
Excerpt: ...ation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” Defendants Jerry Darakjian, Ann Darakjian and Nicole Darakjian demur to the entire FAC on the grounds of uncertainty. In addition, Defendants demur to the 2nd – 6th causes of action on the grounds ...
2022.07.19 Motion to Quash Service of Summons 094
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.19
Excerpt: ...8.10(b)). “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove…the facts requisite to an effective service. [Citation.]” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, internal quotes omitted.) Filing a motion to quash automatically extends defendant's time to plead until 15 days after service of notice that the motion has been denied. (C...
2022.07.18 Demurrer 701
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.18
Excerpt: ...ursuant to CCP 1019.5. Hearing will be conducted on July 18, 2022, to set future Order to Show Cause (OSC) hearing date as to why sanctions up to, but not to exceed $1,500.00 and/or dismissal should not be imposed as to JOSEPH HAKOPIAN, ESQ. and J. PAT FERRARIS, ESQ. On February 17, 2022, Plaintiff filed a Complaint against Defendants alleging motor vehicle, negligence, and negligence per se. (Compl. 4–5.) The Complaint alleges that, on June 20...
2022.07.14 Demurrer, Motion for Preliminary Injunction 167
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.14
Excerpt: ...s to City of Rancho Mirage Exhibits: A; B; C; D; E; F; G; J; and K. Denied as to Exhibits H and I. Petitioner/Plaintiff, Vacation Rental Owners and Neighbors of Rancho Mirage (VRON‐RM), filed its operative First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief (FAP) against Respondent/Defendant, City of Rancho Mirage (City.) VRON‐RM's purpose is to protect the interests of short‐term rental (STR) deve...
2022.07.13 Motion to Compel Production of Docs 950
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.13
Excerpt: ... – Granted. RFP No. 60 – Granted. RFP No. 61 – Granted RFP No. 62 – Granted. Defendant's Opposition was untimely, but was reviewed and considered. Plaintiff may reply orally at hearing if they wish. Defendant ordered to produce documents on motions granted within 30‐days of service of notice. Prevailing party (Plaintiff) to provide notice pursuant to CCP 1019.5. Song‐Beverly Act, lemon law, case. Plaintiffs Anthony Cebreros and Romulo...
2022.07.12 Demurrer, Motion to Strike 022
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.12
Excerpt: ...inst Defendant Agape Springs, the owner and operator of the park, for its alleged failure and willful refusal to make repairs and proper maintenance of the common areas of the premises. Plaintiffs complain of a long list of alleged substandard conditions existing at the mobile home park which pose a health hazard to Plaintiffs. Plaintiffs are claiming that Defendant's conscious disregard of Plaintiffs' rights and safety and by failing to make rep...
2022.07.11 Motion for Leave to Amend Complaint on SAC 009
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.11
Excerpt: ...nt or cause unnecessary delay. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) The liberal policy of permitting amendments should prevail. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564‐565.) Plaintiff is granted 20 days leave to amend; leave to amend is limited to the portions of the complaint at issue in the motion. Prevailing party to give notice pursuant to CCP 1019.5. Plaintiff Jose Ortiz (“Plaintiff”) filed the comp...
2022.07.07 Motion to Reopen Discovery 823
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.07
Excerpt: ...ce of trial does not automatically reopen discovery. This has been the traditional rule. (C.C.P. §2024.020; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 249.) However, effective September 18, 2020, C.C.P. §599 provides that, during the period of time in which the governor has declared a state of emergency over COVID‐19, “[n]otwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parti...
2022.07.07 Motion to Enforce Settlement Agreement 912
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.07
Excerpt: ...es judicial notice of Plaintiff's Exhibits No. 2 and No. 3 under Evidence Code Section 452(d). Exhibit No. 1 is not relevant to the instant motion. Plaintiff's objections to Declaration of Kasey Diba are overruled. Plaintiff's objections to Declaration of Defendant Vincent Zadeh are overruled. Plaintiffs brought suit against Defendants for declaratory injunctive relief and breach of contract, alleging that Defendants breached a provision of the S...
2022.07.07 Demurrer to SAC 815
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.07
Excerpt: ...ntiff alleges that she rented a storage unit at StorAmerica in Indio, and, on the evening of March 12, 2019, two unidentified Hispanic males (designated as DOES 1 and 2) entered the StorAmerica facility and broke the lock that was used to secure Plaintiff's unit and stole various personal properties belonging to Plaintiff. Plaintiff alleges that the two unknown males were able to enter the facility by “tailgating” the truck driven by Demurrin...
2022.07.05 Motion to Strike, Demurrer 907
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.05
Excerpt: ...ho filed the pleading that is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or her demurrer, indicating that a meet and confer occurred, or that the moving party made a good faith attempt to meet and confer and received no response from the other party. C.C.P. §§ 430.41(a)(3) and 435.5(a)(3). “If an amended complaint, cross‐complaint, or answer is filed, the responding party shall m...
2022.07.05 Motion to Continue Complaint 925
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.07.05
Excerpt: ...make the request for a continuance by a noticed motion or an ex parte application … with supporting declarations.” (Cal. Rules of Court, rule 3.1332(b).) A motion for continuance of trial must be accompanied by an affirmative showing of good cause as defined by the California Rules of Court. (Jurado v. Toys “R” Us, Inc. (1993) 12 Cal.App.4th 1615, 1617.) Rule 3.1332 lists the following circumstances that may indicate good cause: (1) The u...
2022.06.30 Motion to Quash Subpoena for Production of Business Records 510
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.30
Excerpt: ... subpoenas. A motion to quash a subpoena may be granted on the ground that the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items ...
2022.06.30 Motion for Summary Judgment, Adjudication 925
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.30
Excerpt: ...n consisting of “the identical evidence previously submitted to the court for its 1/26/21 ruling [pursuant to Civil Code section 3295] that Plaintiff has a substantial probability that he will prevail in his case and also recover punitive damages is again resubmitted for the court's review and consideration….” (Osborne Decl., ¶ 3.) Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “...
2022.06.28 Motion to Compel Further Responses 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.28
Excerpt: ...N – Denied (Court can only take judicial notice of the court record or file, and should not be accepted as true matters stated, unless the matters are indisputably true. (Evid. Code, §452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564‐1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Requested exhibits are not part of the court r...
2022.06.21 Demurrer 326
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.21
Excerpt: ...ory Relief and Restitution; and (3) Breach of the Purchase Agreement. Defendant Sellers generally demur to all three causes of action. All arguments previously presented to the Court by the parties in the previous demurrers are being revisited in this matter. Plaintiff Buyer has not alleged any additional facts sufficient to state a cause of action as to the first and the second causes of action even after multiple leaves to amend. There is no re...
2022.06.16 Motion to Compel Inspection of Land and Property 457
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.16
Excerpt: ...n to enter upon land or other property in the possession or control of the party on whom the demand is made in Respondent's opposition ‐ CCP §2031.010(d). The demand may also be made for permission to measure, survey, photograph, test or sample such land or property, or any object or operation thereon. (Manzetti v. Superior Court (Fitzgerald) (1993) 21 Cal.App.4th 373, 375.) However, as set forth in section 2031.010, an inspection demand only ...
2022.06.15 Motion for Attorney Fees 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.06.15
Excerpt: ..., there seems to be no room for dispute as to the moving Defendants' status as the prevailing party. The moving Defendants achieved their litigation objectives – which is a judgment in their favor against Plaintiffs upon the Court's granting of a summary judgment motion, as to all claims asserted against them. Under California Civil Code section 1717, in an action to enforce a contract authorizing an award of fees and costs, the party “prevai...

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