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2024.02.13 Motion to Compel Compliance with Responses to Requests for Production, Demurrer to FAP 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...¯ Jags Care alleges that, since 2001, it leased from defendant County of Riverside a fueling station, convenience store and truck stop at the Blythe airport. Just before the parties' lease was scheduled to expire in June 2020, the County told Plainti¯ that it would enter into a long-term lease with Plainti¯ if Plainti¯ spent millions of dollars repairing and improving the premises. Plainti¯ contends that it agreed to this proposal and a ...
2024.02.13 Demurrer on FAC 717
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.13
Excerpt: ...ion 1st Amended Complaint as to Defendant Gabriel Deniz. Leave granted to Þle 2nd Amended Complaint within 20 days of this order becoming Þnal. Moving party, Zixta, to provide notice pursuant to CCP 1019.5. In May 2023, Plainti¯ Isenia Salcedo (“Plainti¯”) was an employee of Defendants Zixta Enterprises, Inc.; Zixta Enterprises, Inc. Vallerta Supermarkets 11, 15, 18, 21, 25, 54 (“Zixta Defendants”) at the Vallarta Supermarket in Ind...
2024.02.09 Motion to Vacate Void Judgment 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.09
Excerpt: ...side the judgment Þled in the companion case Þled under CVPS2106001. In both motions, Appellant argues that the cases were improperly decided by a Court commissioner, who, as a subordinate judicial o¯icer, lacked jurisdiction to adjudicate the cases. Appellant's challenge of the December 22, 2022 judgment is also based on a labored contention that this matter should not have been designated a limited civil case when in fact the “real” und...
2024.02.09 Motion to Vacate Void Judgment 001
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.09
Excerpt: ...rity as ordered by the Court in its order granting Respondent City's motion to declare Appellant a vexatious litigant. Appellant argues that the motion was decided by a Court commissioner, who, as a subordinate judicial o¯icer, lacked jurisdiction to adjudicate such a motion. On that basis, Appellant argues that the order granting the motion to declare Appellant a vexatious litigant and the related order mandating Appellant to post security was...
2024.02.08 Motion to Strike Complaint 472
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.08
Excerpt: ...orce Growing Systems, Ltd. (“Defendant”). Through the PSA, Plainti¯ agreed to sell non-residential real property located at 50th Avenue and Filmore Avenue, City of Coachella, County of Riverside, State of California (the “Property”) to Defendant. Plainti¯ alleges that Defendant breached the PSA by failing to complete the purchase. On September 13, 2023, Plainti¯ Þled a Complaint alleging causes of action for: (1) Breach of Contract...
2024.02.06 Motion to Compel Deposition of PMK 878
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.06
Excerpt: ...tions are both denied. Plainti¯ to provide notice pursuant to CCP 1019.5. On October 6, 2023, Plainti¯ Oasis Independent Medical Associates, Inc. (“Plainti¯” or “Desert Oasis”) Þled a Complaint against Defendants, Job Lopez, Nurse Practitioner (“NP Lopez”), Juan M. Acosta, M.D. (“Dr. Acosta”), Coachella Valley Medical Group IPA Inc. (“CVMG”), Francisco Cordova, M.D. (“Dr. Cordova”), Carlos Lopez, M.D. (“Dr. Lopez�...
2024.02.06 Demurrer, Motion to Strike 611
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.06
Excerpt: ...rt to Þle their Second Amended Complaint within 16 days of this order becoming Þnal. The deadline is mean to coincide with the previously sustained demurrer of other defendants in this action. Moving party to provide notice pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plainti¯ Je¯ Johnston, acting in pro per, alleges 27 causes of action. In the instant motion, Defendants Reliance Partners, Inc...
2024.02.05 Motion for Summary Judgment, Adjudication 603
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.05
Excerpt: ... case. Plainti¯ Dilia Kepley (“Plainti¯”) alleges she was employed by defendant Desert Sands UniÞed School District (the “District” or “Defendant”) from November 2011 to April 2021 as a Food Tech Prep. (First Amended Complaint (“FAC”), ¶¶ 19, 51.) Plainti¯ alleges that she su¯ered a work injury in 2017 while preparing food for student meals, including a torn rotator cu¯, biceps tendon tear and subacromial shoulder imp...
2024.02.05 Motion for Relief from Settlement 431
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.05
Excerpt: ...t 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 Plainti¯ due to his perceived orientation. Plainti¯ 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 ter...
2024.02.02 Motion for Preliminary Injunction 211
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.02
Excerpt: ...ted a modiÞcation of the deed of trust which reßected deferred principal of $119,829.99. In March 2022, Defendant US Bank Trust National Association, (“US Bank”) became the assignee and holder of the Deed of Trust. On April 5, 2022 Defendant MTC Financial, Inc. dba Trustee Corps (“Trustee Corps”) recorded a notice of default. In May 2021, HOA acquired the property. In July 2023, Trustee Corps recorded a notice of trustee sale. Plainti�...
2024.02.01 Motion to Quash Deposition Subpoena 015
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.01
Excerpt: ...vil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plainti¯s move for an order (1) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party Lyon Real Estate on November 8, 2023, (2) Quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on third party United Wholesale Mortgage, LLC...
2024.02.01 Demurrer, Motion to Strike 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.02.01
Excerpt: ... the veriÞed complaint in this matter on May 30, 2023 against defendants Reverse Mortgage Funding, Inc (“RMF”), Breckenridge Property Fund 2016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plainti¯ Þled the operative Þrst amended complaint (“FAC”) on November 27, 2023. With the exception of a handful of paragraphs, the allegations of the FAC are virtually identical ...
2024.01.31 Motion for Summary Judgment, Adjudication 092
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.31
Excerpt: ...Inc. and City of Palm Springs. Defendant American Airlines, Inc. moves the court for summary judgment, or in the alternative summary adjudication, as to the two causes of action asserted against them for negligence and premises liability on the grounds that Defendant was not on notice of a hazardous condition of the premises, nor is there evidence of any such condition. In opposition, Plainti¯ asserts the following arguments: 1. There are multi...
2024.01.30 Motion to Compel Production of Docs, Further Responses, for Issue, Evidentiary, Terminating Sanctions, for Protective Order 015
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.30
Excerpt: ... veteran's status related to a real estate transaction. In the instant motion, Defendants move the court for an order compelling Plainti¯s to provide further responses to RFPs (Set Two). As to Plainti¯ Mark Baird numbers 21, 22, 24, 25, 29 and 30. As to Plainti¯ Bradley Baird numbers 20, 21, 22, 23, 24, 28 and 29. Defendants assert that the documents at issue are relevant to Plainti¯s' allegations and damages claims, is not otherwise avai...
2024.01.30 Demurrer on SAC 674
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.30
Excerpt: .../14/13 Their real estate brokers/agents were Vicky Johns dba Lake Laguna Realty (“Johns”) and Amy Vanocur Strebe (“Strebe”) Plainti¯s believed they were purchasing a 100% interest in the property They assert that in August 2021, they learned for the Þrst time that they were only conveyed 50% interest in the property They assert that JAMKE, Johns, and Strebe all failed to disclose that JAMKE was only conveying a 50% interest They a...
2024.01.26 Motion for Leave to File FAC 620
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.26
Excerpt: ...a Land, LLC, where Plaintiffs were obligated to enter into a Home Construction Agreement (HCA) with Defendants. Plaintiffs allege various construction defects, including the concrete Page 3 of 4 slab, wood floor planks, exterior stucco, etc. On February 10, 2021, Plaintiffs filed their complaint for: (1) violation of Civil Code S 896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On April 7, 2021, the Toscana Defendants file...
2024.01.25 Motion to Quash Service of Summons on Complaint 494
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.25
Excerpt: ...ent arising out of her employment with Defendant, American Leak Detection, Inc. ("ALD"). On November 16, 2023, Plaintiff sent a copy of the summons and Complaint by first class mail to Specially Appearing Defendant, Water Intelligence, PLC ("Water Intelligence") at 199 Whitney Ave., New Haven, Connecticut, with a return receipt requested. (Decl. of Tiara Gose- Hardy ["GoseHardy Decl."l at 3.) This moton follows. Water Intelligence argues in its m...
2024.01.25 Motion for Summary Judgment, Adjudication 385
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.25
Excerpt: ...rized shopping cart in the entrance area of the warehouse. Ms. Stevens is a third party and is not employed by Costco. Ms. Stevens was looking down when she hit Plaintiff. Now, Plaintiff sues Defendants for negligence and premises liability for the negligence of a third party. The Complaint was filed on May 16, 2023 and alleges causes of action for (1) negligence and (2) premises liability. Motion for Summary Judgment/Adjudication Summary judgmen...
2024.01.24 Motion for Summary Adjudication 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.24
Excerpt: ...Group, Inc. ("Cornerstone") (collectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang prov-des management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversig...
2024.01.24 Demurrer on FAC 772
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.24
Excerpt: ...ee), 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. Plaintiff filed this action on 2/7/23, and filed...
2024.01.23 Motion to Strike, Demurrer on TAC 149
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... becoming final. Moving party to provide notice pursuant to CCP 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, an...
2024.01.23 Motion to Compel Deposition, for Sanctions 240
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... certain electrical constructon services as part of improvements to the SCGC Blythe Plant 4 Compressor Station. Defendant ARB moves the court for an order requiring Johnson-Peltier's Jeremi West to appear for his deposition on a date certain in compliance with ARB'S deposition notice; and for an order imposing monetary sanctons against JP and its counsel Ali Salamirad and Jennifer Needs of SMTD Law, jointly and severally, in an amount not less th...
2024.01.23 Demurrer, Motion to Strike 611
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.23
Excerpt: ... 10 days of this order becoming final. Proposed Second Amended Complaint must conform to this order. Moving parties to provide notce pursuant to CCP 1019.5. This is an action arising out of a real estate transaction, in which Plaintiff Jeff Johnston, acting in pro per, alleges 27 causes of action. Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, Inc. demur to the 5th, 8th, 9th, 11th, 14th, 17th-23rd, 25th, and 27th causes of achon i...
2024.01.22 Motion for Terminating Sanctions and Monetary Sanctions 126
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.22
Excerpt: ...in amount of $1,700.00 are due within 30 days of this order. This case arises from Plaintiff's allegation that, on or about July 30, 2018, he was bitten by bed bugs while staying at a hotel that Defendants owned or controlled. On July 29, 2020, Plaintiff filed a lawsuit against Defendants for battery, negligence, intentional infliction of emotional distress, fraud, and public nuisance. On May 10, 2021, Plaintiff filed a First Amended Complaint fo...
2024.01.19 Motion to Compel Further Deposition of PMK, for Monetary Sanctions 770
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.19
Excerpt: ...esponses is granted in part. Hacienda is ordered to produce a PMK for topics 2, 4 and 5. The contact information of the percipient witnesses is relevant and not protected by the right to privacy. The medical information of 3rd parties must be redacted. Hacienda is ordered to provide further responses to RFP Nos. 2, 11, 12 and 17 since it is unclear whether all responsive documents have been produced. For the protection of the privacy rights of Ha...

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