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2024.04.17 Motion to Compel Production of Docs, for Attorney Fees 624
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.17
Excerpt: ...sts to movi ng party in the amount of $510.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Felix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (...
2024.04.17 Demurrer on SAC 973
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.17
Excerpt: ...ty -owned roadway. Defendant City brings this demurrer to Plaintiff's Second Amended Complaint (“SAC”) on the second cause of action for dangerous condition of government property. This demurrer is brought after the Court's sustaining an earlier demurrer to Plain tiff's First Amended Complaint (“FAC”) on the ground of Plaintiff's failure to allege facts sufficient to state a cause of action for a dangerous condition of government property...
2024.04.17 Demurrer 945
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.17
Excerpt: ...en O'Neill (“ O'Neill”) owns a mobile home located at 74711 Dillon Road, Space 416 in Desert Hot Springs, which Stargardt rented. Stargardt alleges there were various problems at the property which O'Neill did not resolve and instead turned off utilities. On December 7, 2023, Stargardt filed his complaint alleging eight (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful inter...
2024.04.16 Motion for Leave to File Complaint 727
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.16
Excerpt: ...tha Coro na, Alfred Corona, and Maria De Jesus Rosas Lopez, allege that on 12/26/22, Defendants, Eloy Figueroa Trucking, Inc. (Figueroa Trucking); Francisco Castillo -Cendejas; Bagdasarian Farms, LLC; and Bloom to Box Crop Care, Inc., negligently owned, operated, en trusted the Freightliner so as to cause a collision with Plaintiffs' vehicle causing them to sustain severe injuries and damages. Plaintiff, Maria Corona was the driver of her vehicle...
2024.04.16 Motion for Attorney Fees 002
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.16
Excerpt: ...oth parties reside in Georgia, but travelled to California, including Napa Valley and Riverside County, where Plaintiff alleges some of the violence occurred. This action was initially filed in Napa County on November 26, 2019 and subsequently transferred to Riversid e County by stipulation, following Plaintiff's successful appeal of a ruling granting Defendant's motion to quash service of summons. The Complaint alleges causes of action for dome...
2024.04.16 Demurrer on FAC, Motion to Strike, Anti-SLAPP Motion 970
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.16
Excerpt: ...tion for breach of contract and breach of the covenant of good faith and fair dealing, respectively. Defendant is ordered to file an answer to the First Amended Complaint within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019 .5. This action involves a dispute over misrepresentations allegedly made to an owner of a commercial property by a general contractor who submitted documentations seeking payment for...
2024.04.12 Motion for Judgment on the Pleadings on FAC 415
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.12
Excerpt: ...ssage En v y. Pl aintiff alleges sh e was termin ated af ter s h e protested unsafe instructions to personally engage with clientele, and to contact them directly to solicit their business on an unrecorded line. Plaintiff filed the original complaint on July 17, 2023 and the operative First Amended Complaint on November 2, 2023 (“FAC”), alleging 1) whistleblower retaliation (Labor Code §§ 1102.5 et. seq.), and 2) wrongful termination in vi...
2024.04.11 Motion to Compel Further Responses, for Monetary Sanctions 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.11
Excerpt: ...l be perm itted. This is a lemon law case 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 aft...
2024.04.11 Motion for Judgment on the Pleadings 752
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.11
Excerpt: ...acate afte r being served with a 60-Day Notice to Quit, failing to pay rent due on 2/1/22, taking all of the furnishings/personal property of Plaintiff when they vacated the premises; and fraudulently delaying legal proceedings to harm Plaintiff knowing he intended t o sell the property. Plaintiff filed his operative Second Amended Complaint (SAC) on 12/22/22 alleging four causes of action: 1) breach of contract; 2) common counts; 3) conversion;...
2024.04.11 Demurrer 636
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.11
Excerpt: ...ined a h ead injury and concussion. She was driving her vehicle at the time of the accident with a blood alcohol level above the legal limit. She was arrested at the scene by police officers from Cathedral City. Although she had a head injury, she was not taken to a hospital nor examined by medical personnel. Instead, she was booked at the Riverside County John Benoit Detention Center, and did not receive medical care at the jail. The next mornin...
2024.04.10 Motion to Compel Arbitration 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.10
Excerpt: ... Co., Inc. (“AHM”). (Id .) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM and its representative were unable to repair. (Compl. ¶¶ 11, 32.) On December 30, 2022, Plaintiff filed the Complaint in this action against AHM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) Civ. Code § 1793.2(a)(3); (4) breach of the...
2024.04.09 Anti-SLAPP Motion to Strike 878
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...
2024.04.09 Demurrer, Motion to Strike 520
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ... 3 and 5. Plaintiff granted leave to file Third Amended Complaint fixing only prayer for damages section within 5 days of this order becoming final. Page 2 of 14 Defendants to file their answer within 20 days of this order becoming final. Moving party Defendan t Haier US Appliances to provide notice pursuant to CCP 1019.5. Janice Ciletti (“Plaintiff”) initiated this products liability action. Plaintiff alleges that on December 27, 2018, ...
2024.04.09 Motion to Compel Further Responses 099
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.04.09
Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...
2024.03.28 Motion to Compel Responses, to Strike, for Monetary Sanctions, to Compel Arbitration 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...CP 1019 .5. This is an employment dispute. On October 1, 2023, Plaintiff, Guadalupe Garcia (“Plaintiff”) filed a Complaint against her employers, Defendants, Canyon Villas Place, LLC (“Canyon Villas”) and The River Apartments, LLC (“River Apartments”) (together “ Defendants”), asserting 20 causes of action for FEHA and Labor Code violations. Plaintiff's claims generally arise out of Defendants' alleged improper treatment and term...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.28
Excerpt: ...ited to th e bumper-to -bumper warranty, powertrain warranty, emission warranty, etc. (Id. at ¶ 7, Ex. A.) During the applicable express warranty period, the subject vehicle developed defects and nonconformities to warranty, including but not limited to transmission defects, suspension defects, among others. (Id. at ¶ 11.) Plaintiff delivered the subject vehicle to GM's authorized repair facility for repair, but GM was unable to conform the veh...
2024.03.27 Motion to Compel Deposition of PMK 832
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...vehicle d eveloped various defects, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶ 11.) The nonconformities Plaintiff complains of include transmission defects, suspension defects. (Ibid.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to either promptly replace the vehicle or make r...
2024.03.27 Demurrer 945
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.27
Excerpt: ...alleging sigh t (8) causes of action: 1) Unfair & Unlawful Business Practices (Violation of Bus. & Prof. Code, § 17200); 2) Wrongful interruption of a utility service (Civ. Code, § 789.3); 3) Breach of Covenant of Quiet Enjoyment (Civ. Code, § 1297); 4) Breach of Warran ty of Habitability Pertaining to Interior Maintenance (Civ. Code, § 1941.1); 5) Breach of Warranty of Habitability pertaining to Exterior Maintenance (Civ. Code, § 1941.1); 6...
2024.03.26 Motion to Compel Further Responses 624
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...ays of ser vice of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a quiet title action. On March 7, 2023, Plaintiffs, Maria Guadalupe Tejada (“Maria”) and Felix Tejada Duran (“Fe lix”) (together “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants, Maria Lourdes Mora (“Lourdes”) and Marco Antonio Tejada (“Marco”) (...
2024.03.26 Motion for Relief from Inadvertent Waiver 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...d on Jan uary 17, 2023. Plaintiff's initial pleading consisted of a petition for writ of mandate and complaint for contract claims. At a June 22, 2023 status hearing, the Court set hearing on the writ of mandate for January 11, 2024. (Minute Order dated June 22, 2023; Declaration of Ryan T. Waggoner iso Motion [“Waggoner Decl.”], ¶ 4.) Plaintiff subsequently moved for leave to amend the Complaint, proposing to remove the first cause of acti...
2024.03.26 Anti-SLAPP Motion to Strike, Demurrer, Motion to Strike 235
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.26
Excerpt: ...d at 33057 Ran cho Vista Drive, Cathedral City (“Property 1”) and 33- 081 Rancho Vista Drive, Cathedral City (“Property 2”). On December 7, 2021, Plaintiff DSA Management, LLC (“Plaintiff”) entered into a Building Construction Contract (“Contract”) with Defendants WEW Con struction, Inc. and William E. Wright (collectively “WEW”) for the construction of a house on Property 2. Per the terms of the Contract, work was to commence...
2024.03.22 Motion to Vacate Dismissal 678
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.22
Excerpt: ..., P aul Smith and Jasmine P. Smith (“Plaintiffs”) filed a Complaint against Defendants, The Inn at Deep Canyon (“The Inn”) and Arnold Kirschenbaum (together “Defendants”) for (1) battery; (2) negligence; (3) intentional infliction of emotional distress (“IIED” ); (4) fraudulent concealment; (5) private nuisance; and (6) public nuisance. Plaintiffs allege that they stayed at The Inn, located at 74470 Abronia Trail, Palm Desert, C...
2024.03.21 Motion to Vacate Judgment 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.21
Excerpt: ... Legend ary Group International for damages of $504,000 and the order of default judgment on June 9, 2023 against R&D Foundation, LLC for $800,000 is vacated. The May 26, 2023 order granting Plaintiffs' motion for an order deeming facts admitted and the formal or der entered into the record on June 2, 2023 is vacated. The January 24, 2024 order granting Plaintiffs' motion for summary adjudication, and the formal order entered into the record on J...
2024.03.21 Motion for Preliminary Injunction 829
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.21
Excerpt: ...n Decemb er 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court sought to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and waste. County now moves for a preliminary injunction prohibiting Defendants and all of Defendants' agents...
2024.03.21 Motion for Preliminary Injunction 775
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.21
Excerpt: ...ustees of th e Stanger Family Trust (owners of the premises) and James Parker (tenant of the premises). On December 8, 2023, this court denied Plaintiff's ex parte application for a TRO and OSC re: Preliminary Injunction. The ex parte application denied by the court so ught to seek a court order requiring Defendant James Parks to remove all green waste from the property and to arrange for approved waste containers for weekly removal of mulch and ...

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