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2024.03.21 Demurrer, Motion to Strike 018
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.21
Excerpt: ... the bas is of the alleged deficiencies in the subject pleadings. Plaintiff shall provide legal support for its position that the pleadings are legally sufficient or, in the alternative, how they may be further amended to cure any legal insufficiencies. After meeti ng and conferring, Defendant shall, 10 days before the continued hearing date, set above do one of the following: (1) vacate the hearing on the demurrer and motion to strike; (2) fil...
2024.03.20 Motion for Summary Judgment 019
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.20
Excerpt: ...erce Trade, LLC (ECT) entered into a Promissory Note wherein ECT agreed to pay ECL the principal amount of $2,500,000 at 7% interest annually, with the first monthly payment of $29,661.98 due on 9/15/15, and continuing on the 15th of each successive month for ten years wh en all principal, and interest would be due. In December of 2016, Plaintiff, ECL, notified Defendant, ECT, in writing that it was in default under the ECL Note. The failure to...
2024.03.19 Motion to Compel Responses 351
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.19
Excerpt: ... if needed, w ithout objections within 30 days of service of notice (CCP § 2031.310). Motion is denied as to RPD No. 24 and RPD No. 30 is limited to other vehicles of the same year, make and model. Moving party to provide notice pursuant to CCP § 1019.5. Plaintiff, Jose Fabian Hernandez, Jr., alleges that on 7/23/22, he purchased a 2022 Land Rover Range Rover, which was a certified pre -owned (CPO) vehicle with a new and full CPO warranty, whi...
2024.03.14 Motion to Compel Production of Docs 866
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.14
Excerpt: ... 30 days o f this order. Denied as to RFP Nos. 1, 9, 12, 14, 30, and 31. This is a lemon -law action under the Song -Beverly Consumer Warranty Act. Plaintiffs allege that, on May 30, 2022, they purchased a 2022 Volkswagen Atlas, which came with warranties by which Defendant “warranted the subject vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs' vehicle or to provide compensation if there was a failure in such...
2024.03.14 Motion for Summary Adjudication 600
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.14
Excerpt: ...2 as a State Park Aid at Salton Sea State Recreation Area (“Park”). Plaintiff alleges that her supervisor, Wanda Freeman (“Freeman”), informed her that she was required to purchase a uniform including green pants. Plaintiff purchased green pants recommended by coworkers; howev er, the pants allegedly caused Plaintiff's psoriasis to become inflamed causing discomfort and difficulty walking. Plaintiff visited her doctor who recommended alt...
2024.03.13 Motion to Strike, Demurrer 319
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.13
Excerpt: ... her oper ative First Amended Complaint (“FAC”) against Defendants Extended Stay America, Inc.; ESA Management, LLC; Extended Stay America – Palm Springs – Airport; Chris Mushrush; Brendon Doe; Annie Doe; and Orkin, LLC (collectively, “Defendants”), alleging (1) bat tery, (2) negligence, (3) intentional infliction of emotional distress (“IIED”), (4) fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach...
2024.03.12 Motion to Quash Deposition Subpoena 015
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ... This is a civil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plaintiffs move for an order quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on DIR -Divisio n of Workers' Compensation on 12/20/23 for the records of Mark Baird. In addition, Plaintiff seeks sanctions of $2,000. Plaintiffs assert the subpoena is impermissibly broad and viola...
2024.03.12 Motion to Compel Further Responses 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ... on June 22, 2022. On August 12, 2022, Plaintiff Willie Anthony Conant Jr. (“Plaintiff”) filed a Complaint against Defendants Jonner Transportation Inc. (“Jonner”), Angel Martin Anaya Martinez (“Martinez”), and Does 1 to 50, alleging (1) motor vehicle and (2) gene ral negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment w...
2024.03.12 Demurrer 035
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ...nts Ford Motor Co mpany (“FMC”) and Palm Springs Motors, Inc. (“Palm Springs”) for: (1) Violation of Civil Code § 1793.2(d) [v. FMC]; (2) Violation of Civil Code § 1793.2(b) [v. FMC]; (3) Violation of Civil Code § 1793.2(a)(3) [v. FMC]; (4) Breach of the Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794 and 1795.5) ]v. FMC]; (5) Negligent Repair [v. Palm Springs]; and (6) Fraudulent Inducement – Concealment [v. FMC]. ...
2024.03.11 Motion to Compel Further Responses 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.11
Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...
2024.03.07 Motion for Leave to File TAC 240
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.07
Excerpt: ...nstructi on project. Plaintiff moves the court for leave to file a Third Amended Complaint to make changes to the Second Amended Complaint. Plaintiff asserts that recent depositions revealed the foregoing facts and egregious extent of ARB's misconduct in its dealin gs with JOHNSON-PELTIER, the owner, and others working on the project. Plaintiff, JOHNSON- PELTIER, therefore, seeks to file a Third Amended Complaint to allege facts and claims supp...
2024.03.06 Motion for Protective Order 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.06
Excerpt: ...erine Page as Doe 1 (“Page”). Plaintiff, a Canadian citizen, was a passenger in a truck driven by Page at the time of the accident. In the instant motion, Plaintiff now moves for a protective order that prevents the taking of her deposition until her treating doctor, Dr. Margaret Watty, determines she is not in a “very fragile state both physically and emotionally.” (C.C.P., § 2025.420.) On January 26, 2024, Page noticed Plaintiff's depo...
2024.03.01 Motion to Compel Arbitration 886
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.01
Excerpt: ...ealer, Unicars Honda. (Complaint, ¶ 6; Declaration of Catherine Song (“Song Decl.”), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which AHM's authorized facility was unable to repair. (Com plaint, ¶¶ 11-16.) The Complaint sets forth five causes of action: (1) Violation of Civil Code § 1793.2(D); (2) Violation of Civil Code § 1793.2(B); (3) Violation ...
2024.02.29 Motion to Compel Further Responses 015
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.29
Excerpt: ...ark Baird and Bradley Baird, are ordered to serve further verified responses and to produce responsive documents to the Demand for Production of Documents, Set Two, as ordered above, without objections, within 30 days of service of notice (CCP § 2031.310). Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a discrimination action based on veteran's status related to a real estate transaction. Defendants move the court for...
2024.02.29 Demurrers, Motions to STrike 479
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.29
Excerpt: ...er Medical Center (“EMC”). Defendant Massiello is alleged to have been EMC's administrator and managing agent during this time. Seatrice Foster, as the administrator of the decedent is asserting, in the form of a survival action, the claims the decedent would have had had he lived, for injuries allegedly suffered prior to death. Additionally, the individual claims of the surviving family members of Clarence Johnson are being asserted in the f...
2024.02.27 Demurrer on FAC 915
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.27
Excerpt: ...on of C iv. Code §1793.2(B), 3) violation of Civ. Code §1793.2(A)(3), 4) breach of the implied warranty of merchantability, 5) fraudulent inducement – concealment, and 6) negligent repair. On November 29, 2023, this court sustained, with leave to amend, as to the fifth cause of action. In ruling on Ford Motor's demurrer to the Complaint the court noted that the instant matter is similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.A...
2024.02.21 Demurrer, Motion to Strike 731
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.21
Excerpt: ...(“Defendant”). Plaintiff alleges that the subject vehicle was delivered with serious defects to the transmission that Defendant was aware of and failed to disclose. Defendant has allegedly failed to either promptly replace the Subject Vehicle or make restitution. The o perative pleading is the Second Amended Complaint. It asserts the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation o...
2024.02.20 Demurrer on FAC 611 (2)
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.20
Excerpt: ...he y fail to state facts sufficient to constitute a cause of action and are uncertain. In opposition, Plaintiff asserts that the demurrer is without merit, improperly submitted and should be overruled. Further, Plaintiff asserts that Tamara Cross was sued i n her individual capacity, not the law firm. In reply, the Defendant law firm asserts that the FAC simply amounts a retaliatory lawsuit against an opposing Attorney for simply representing h...
2024.02.16 Motion to Set Aside Default 818
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.16
Excerpt: ...his former employer, 23 ½ Hour Home Services dba KC's 23 ½ Hour Plumbing, Inc. and its general manager, Bruce Smith (“Defendant” or “Smith”), for the alleged violation of various California wage and hour laws, including failure to provide overtime, failure to pay m inimum wage, failure to provide meal and rest breaks, failure to pay wages upon termination, failure to issue accurate itemized wage statements, and unlawful business practic...
2024.02.15 Motion to Compel Further Responses 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.15
Excerpt: ...ed. Verified further response to RFA No. 12, without objections, is to be provided to moving party within 30 days of this order becoming final. This is an elder abuse case. In May 2023, Plaintiff Marilyn Convey (“Plaintiff”), who is over 65 years old and suffe ring from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” ...
2024.02.15 Demurrers on SAC 674
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.15
Excerpt: ...4. These motions are nearly identical. Plaintiffs have filed a supplemental opposition to Johns and Strebe's 2/15/24 demurrer. Plaintiffs argue that whether a plaintiff should have discovered facts to determine if delayed discovery is applicable is a question of fact and should only be decided as a matter of law if the evidence can support only one reasonable conclusion. She argues that six licensed real estate professionals received the deed an...
2024.02.14 Motion to Compel Responses, for Monetary Sanctions 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...out ob jection within 30 days of this order becoming final. Sanctions denied. Plaintiff to provide notice pursuant to CCP 1019.5. Page 8 of 10 Defendant WG Hacienda SH LP (Hacienda) is a Residential Care Facility for the Elderly. (Complaint ¶2.) Plaintiff Marilyn Convey was admitted to the facility in May 2023. She suffered from Advanced Alzheimer's Dementia. (¶21.) The Complaint alleges the following: (1) Elder Abuse; (2) Negligence; and (3) ...
2024.02.14 Motion for Reconsideration 126
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...esk, asked that the room be inspected and bedding changed. On August 2, 2018, Plaintiff woke up with more bite marks. He alleges that the bites were becoming intensely itchy and painful. He again notified the front desk, and was informed that his bedding would be changed. When Plaintiff returned to the room, he inspected the bed, and under the newly changed sheets and found a bed bug infestation. Plaintiff checked out of the hotel. On August 6, ...
2024.02.14 Demurrer, Motion to Strike 858
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.14
Excerpt: ...with the purcha se 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 experience significant problems with the Vehic l e 's electrical system transmission. Plaintiffs brought the Vehicle in to authorized dealerships and/or repair facilities of Defendant on numerous occasions. As a result of ...
2024.02.13 Motion to Compel Further Responses 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...is order becoming Þnal. Sanctions are denied. Plainti¯ to provide notice pursuant to CCP 1019.5. This is an elder abuse case. In May 2023, Plainti¯ Marilyn Convey (“Plainti¯”), who is over 65 years old and su¯ering from advance Alzheimer's Dementia, was admitted to a residential care facility for the elderly (“RCFE”) operated and managed by Defendants WG Hacienda SH, LP (“Hacienda” or “Defendant”) and Atria Management Co,...

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