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2024.01.18 Motion to Tax Costs 754
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.18
Excerpt: ...t. Judgment was entered on or about September 26, 2023. Defendant filed its Memorandum of Costs on November 9, 2023 and thereafter Plaintiffs filed the instant motion to tax. Page 20 of 23 Plaintiffs assert that the expert fees requested by the defendant in Item 8 (and attachment 8b5) are allowed only with the Court's discretion and should not be allowed under the circumstances of this case; and the subpoena charges for service of process claimed...
2024.01.18 Demurrer on FAC 901
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.18
Excerpt: ...oughing. ('1 46.) Myers' symptoms were no more than three (3) days old when he went to Defendants Eisenhower Medical Center ("EMC") on February 19, 2021. (q 47.) Myers' physicians, Defendants George Ishak, M.D. ("Dr. Ishak"), Saniya Malik, M.D. ("Dr. Mallik") and Daniel Sheffield, D.O. (Dr. Sheffield") (collectively "Physician Defendants") administered Remdesivir without disclosure of (a) the risks of planned treatment, (b) that Myers may have a ...
2024.01.17 Motion for Summary Judgment 173
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.17
Excerpt: ...s, and then Defendant Patricia Prieto (a supervisor) harassing a subordinate; management failed to act and Prieto turned the staff against her. Plaintiff reported Prieto to the EEO. In November 2016, Plaintiff suffered an injury on the job, to which management would not file an incident report to see a doctor. In December 2016, Plaintiff was able to see a doctor who diagnosed her with a hernia and required gastric bypass surgery. When Plaintiff r...
2024.01.17 Motion for Attorney Fees 933
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.17
Excerpt: ...he anti-SLAPP motion ($42,565.00) and the present fee motion ($11,787.50). The lodestar, as presented in the moving papers, is broken down as follows: Attorney Hours Hourly Rate Total Courtney L. Hylton 20.6 $750$15,450.00 Anna S. Huffman 119.7$325 $38,902.50 $54,352.50 The court found that the supporting declarations filed with the moving papers lacked any significant detail and were insuffcient to support the requested fee. In addition, while t...
2024.01.16 Motion for Leave to Amend Complaint 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.16
Excerpt: ...nner"), Angel Martin Anaya Martinez ("Martinez"), and Does 1 to 50, alleging (1) motor vehicle and (2) general 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 with Jonner, when he crossed over the double solid yellow lines and entered the westbound lane colliding with Plaintiff's vehicle, thereby causing him injuries. After the o...
2024.01.10 Motion for Summary Judgment on FAC 698
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.10
Excerpt: ...urther continuances will be granted on this hearing. This is a defamation action. Plaintiff Stephen Valbuena alleges that in March 2018 he and his wife purchased and moved into a home located within the Toscana Country Club community, which is overseen by Defendant Toscana Homeowners' Association ("HOA") and Defendant William Overton ("Overton") is the executive director of the HOA. (FAC, 11-13.) Plaintiff alleges that he had a verbal altercation...
2024.01.05 Motion for Leave to Amend Complaint 583
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.05
Excerpt: ...t they purchased real property in Palm Springs from Defendant Whittier Capital, LLC, who failed to disclose multiple construction defects with the property. Defendant D'Oros Constructon handled the remodel of the property for Whittier. Defendants Michael Slate and Elevate Palm Springs, Inc. were the real estate agent/broker who represented Whittier in the sale. The operative complaint, filed 2/9/22, asserts: (1) breach of contract; (2) negligence...
2024.01.04 Motion to Compel Further Responses 927
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.04
Excerpt: ...nge the privilege and for a court to consider. Responding party is to produce the further response within 10 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is an alleged childhood sexual assault case that started in 1993. Plaintiff Jane Doe moves the court to compel Defendant Palm Springs Unified School District to prov-de further responses to Form Interrogatories (Set One) numbers 4.1, 12.2, and 12...
2024.01.04 Motion to Compel Further Responses 348
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.01.04
Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo alleges that she was in a long term relationship with decedent Kenneth Schlick, and used real property in Indian Wells as a vacaton home. Plaintiff and decedent agreed to refinance the property together, such that Plaintiff would obtain a 50% interest in the property. Plaintiff invested $100,000 in the property and paid the mortgage, and paid another $100,000 for furnishings...
2023.12.22 Motion to Stay Proceedings 435
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.22
Excerpt: ...tition (the "Petition") in this action on March 19, 2021 and the operative first amended petition ("FAP") on April 22, 2021 against respondent City of Palm Springs (the "City"). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (FAP, '1 13.) Petitioner seeks to stop the installation of a 26-foot tall statute of Marilyn Monroe — the Forever Marilyn statute —...
2023.12.22 Motion to Reopen Discovery 300
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.22
Excerpt: ... the Complaint on June 11, 2020, alleging negligence and premises liability. Trial in the matter was originally scheduled for October 5, 2022. The Court granted Defendant's ex parte application to continue trial, and continued trial to June 16, 2023 with all statutory and pre-trial deadlines to be covered by the new trial date. On April 27, 2023, the parties timely designated experts. The parties subsequently noticed expert depositions, but the p...
2023.12.21 Demurrer on SAC 013
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.21
Excerpt: ...Ciletti filed the instant action against Defendants Rheem Manufacturing, The Home Depot lnc, Continental Assurance Co- No America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent...
2023.12.21 Demurrer, Motion to Strike 793
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.21
Excerpt: ...ranted by Defendant General Motors, LLC ("GM"). Along with the purchase of the Vehicle, GM expressly warranted to fix or repair any defects in workmanship or materials for three years or 36,000 miles under the bumper to bumper warranty and five year or 60,000 miles under the powertrain warranty. (FAC '1 9.) Shortly after purchase, Plaintiff began to experience significant problems with the Vehicle's transmission. Plaintiff brought the Vehicle in ...
2023.12.21 Petition for Writ of Administrative Mandamus 874
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.21
Excerpt: ...ltes, on the grounds that it was improper, not supported by the facts, and the result of due process violations by the City. Petitioner's Opening Brief Petitoner argues that the amount of tax assessed by the City, including interest and penalties, was improper, not supported by the facts and violated its due process rights. Specifically, Pettioner argues that the City's decision and the hearing was conducted under the wrong provision (i.e., PSMC ...
2023.12.20 Motion to Compel Answers 660
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.20
Excerpt: ...Plaintiffs Ruben Vega and Rosalie Vega ("Plaintiffs") 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 November 29, 2022, Plaintiffs filed their complaint against Defendant General Motors, LLC ("Defendant" or "GM"): (1) breach of implied warranty of m...
2023.12.20 Demurrer, Motion to Strike TAC 149
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.20
Excerpt: ...P 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, and that he had the legal power and right, without the need for ...
2023.12.18 Motion for Attorney Fees 933
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.18
Excerpt: ...otion to Strike Plaintiff's Complaint Pursuant to the anti-SLAPP Statute Code of Civil Procedure S 425.16 ("the ant-SLAPP Motion") in fts entirety without leave to amend. As a result, Plaintiff's Complaint for (1) retaliation for exercise of rights, and (2) California Family Rights Act retaliation was stricken, as were the claims for punitive damages and other relief Plaintiff. As a prevailing defendant on an ant-SLAPP Motion, pursuant to Code of...
2023.12.15 Motion to Tax Costs 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.15
Excerpt: ...at occurred on July 17, 2019. Plaintiff Jerry Cradduck alleges that he suffered serious skin and respiratory injuries caused by excessive chemical levels in the spa at the Embassy Suites Palm Desert. Plaintiff sued the hotel operator and franchisee, EHT ESPD, LLC ("EHT") and the parent company of the franchisor, Hilton Domestic Operating Company, Inc. ("Hilton"). Liberty Mutual Insurance Company (together with EHT, "Liberty") intervened in this a...
2023.12.14 Motion to Compel Responses 312
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.14
Excerpt: ... Chavez, made racist comments about white males, which were substantiated by three separate investigators. Defendant Metropolitan Water District of Southern California failed to correct Chavez's behavior, and instead redacted a report that had allegations of Chavez, promoted her, etc. Plaintiff was not promoted due to his complaint. Page 9 of 11 On 10/31/23, Plaintiff filed his complaint for: (1) race discrimination; (2) race harassment; (3) gend...
2023.12.14 Motion for Summary Judgment, Adjudication 584
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.14
Excerpt: ...os Angeles Superior Court Case BC480956 deeming his security interests forfeit is void as his interests were not represented and no notice of the relief granted was given. In addition, Plaintiff asserts that the ruling is void because the court may not rule on matters not requested and noticed in the motion. Plaintiff asserts that as the ruling is void then there is no second action to which the one action rule applies. Therefore, Plaintiff asser...
2023.12.13 Motion to Strike, Demurrer 156
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.13
Excerpt: ... fraud, or malice in the commission of the abuse described here" found in paragraph 60, page 13. (1st cause of action.) 2. The words, "and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff's rights, so as to justify an award of exemplary and punitive damages" found in paragraph 83, page 17. (2nd cause of action.) 3. The words, "[t]he profits received by Defendants from a vulnerable ...
2023.12.13 Motion for Summary Adjudication 620
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.13
Excerpt: ...Plaintiffs filed their complaint for: (1) violation of Civil Code 5896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On 4/7/21, the Toscana Defendants filed a cross-complaint for indemnity, breach of warranties, breach of contract, negligence, contribution and declaratory relief against the sub contractors. The subcontractors then filed their own cross-complaints for indemnity and contribution. Pursuant to a stipulation fil...
2023.12.12 Motion to Compel Responses 218
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...is further ordered to pay attorney's fees and costs to moving party in the amount of $508.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. Responding party is ordered to serve verified responses to the Demand for Production of Documents, set 1, Nos. 1, 2, 3, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 55, 73, 74, 75, and 77 without...
2023.12.12 Motion for Summary Judgment 002
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...ersuasion and production; thus the burden does not shift to the plaintiff to raise a triable issue of material fact; and (2) the plaintiff raises triable issues of material fact. The Defendant Has a Duty of Due Care for the Plaintiffs Safety The plaintiff, Valerie Veronica Gonzales, and the defendant, Bourn Family LLC, agree that the elements of a negligence claim and a premises liability claim are the same. 80th require a legal duty of care, a b...
2023.12.12 Motion for Summary Adjudication 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.12.12
Excerpt: ...llectively, "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 proVdes management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversight and project management busine...

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