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2023.11.17 Motion to Compel Answers 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.17
Excerpt: ...swer, judgment was entered in favor of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On June 24, 2023, Judgment Creditor served his first set of requests for production of documents and s#cial interrogatories. On August 11...
2023.11.15 Motion to Strike FAC, Demurrer 864
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ...e vehicle was sold with bumper-to-bumper and other express warranties. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff asserts that, despite its inability to repair the Subject Vehicle, Defendant refused to repurchase the vehicle in violation of the Song Beverly Consumer Warranties Act ("Song Beverly Ac"). Plaintiff also alleges that ...
2023.11.15 Motion for Reconsideration 455
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ...3, ruling in Kielar v. Superior Court of Placer County (2023) 94 Cal.App.5th 614. In opposition, Defendant asserts that Plaintiff's motion is entirely untimely and procedurally improper, as Plaintiffs ask this Court to change its ruling from nearly two years ago from November 18, 2021. Further, the cases that Plaintiff relies on not only do not overturn the ruling in Felisilda, at best they create a split in authority, but are also distinguishabl...
2023.11.15 Motion for Leave to Amend Complaint 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.15
Excerpt: ... Setting Conference (TSC) with both counsel ordered to file joint TSC declaration 10 days prior to hearing and OSC set for same date and time for failure to comply with court order. Moving party to provide notice pursuant to CCP 1019.5. On January 17, 2023, petitioner/ plaintiff Jags Care ("Jags Care"; "Jags"; or "Plaintiff") filed the Verified Petition for Writ of Mandate and Complaint against the County of Riverside ("the County" or "Defendant"...
2023.11.14 Motion to Seal 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.14
Excerpt: ... special interrogatories on Defendant seeking financial information and records. (Yost Decl. at "13-5.) On August 11, 2023, Defendant served objections to the discovery, in which he allegedly complained about actions taken by Plaintiff and his counsel during the course of the litigation and beyond. (Yost Decl. at 6-8.) Plaintiff contacted Defendant and requested that Defendant agree to seal those portions of the objections, and Defendant refused....
2023.11.07 Demurrer 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.07
Excerpt: ...ion. Defendant Breckenridge to provide notice pursuant to CCP 1019.5. Plaintiff Wendy Gray ("Plaintiff") filed the verified complaint (the "Complaint") in this matter on May 30, 2023 against defendants Reverse Mortgage Funcrng, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subje...
2023.11.03 Motion to Strike, Demurrer 218
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.03
Excerpt: ...o CCP 1019.5. This is a lemon law case. On April 4, 2015, Plaintiff Orlando Sanchez ("Plaintiff") purchased a new 2015 GMC Sierra 1500 ("Subject Vehicle"), which was manufactured or distributed by Defendant General Motors, LLC ("Defendant"). The vehicle was sold with a manufacturer bumper-to-bumper warranty, powertrain warranty and emissions warranty. Plaintiff alleges that Defendant had knowledge that the transmission model installed in the Subj...
2023.11.02 Motion for New Trial, to Set Aside and Vacate Judgment 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.11.02
Excerpt: ...the spa at the Hotel when he experienced diffculty breathing, shortness of breath, chest tightness and pain. He also felt a burning sensation in his skin and developed a rash. Plaintiff alleges that the spa contained unsafe levels of chemicals that caused severe chemical burns to his body and injuries to his lungs and respiratory system. On October 1, 2019, Plaintiff filed his Complaint for Negligence against Hilton and Defendant EHT ESPD, LLC. O...
2023.10.26 Motion to Compel Deposition of PMQ, Further Reponses 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.26
Excerpt: ... Deposition to take place within 46 days of October 26, 2023.2. cvps2203383 PILUTlKvs GENERAL MOTORS, LLC Hearing re: Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set Two Tentative Ruling: Granted. Responding party is ordered to serve verified responses to the Demand for Production of Set Two, Nos. 70-71, 73-78, 80-85, 87-92, and 94-96 without objections within 30 days of service of notice (CC...
2023.10.24 Motions to Compel Further Responses 099
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.24
Excerpt: ...that, in she and Defendant Brandon Weimer, who were then high school friends, began a joint venture to sell toffee as a fundraiser, which they later turned into an actual business, which became Brandini Enterprises, Inc. (Second Amended Complaint ["SAC" l, 10.) It is further alleged by Plaintiff that, as the two friends were still minors at that time, they got their parents involved in the business, and all of them entered an oral partnership agr...
2023.10.24 Demurrer, Motion to Strike 656
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.24
Excerpt: ...t General Motors, LLC ("GM" or "Defendant") regarding a 2017 Cadillac XT5 which was manufactured and distributed by GM. Plaintiffs allege they purchased the vehicle at Boulevard Cadillac, a GM authorized dealer. (First Amended Complaint ("FAC"), '1 6.) Plaintiffs allege that the vehicle came with material defects and nonconformities to warranw, including transmission defects, infotainment defects, engine defects, and electrical defects, that GM's...
2023.10.23 Motion for Stay, for Plea in Abatement 594
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.23
Excerpt: ... Nicodemus ("Nicodemus"), alleging claims for: 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and constructve trust. Plaintiff was an elder as defined by the Welfare and Institutions Code when Defendants committed the abuse. Defendants Kenagy and Nicodemus jointly move to stay and/or abate the action pend-ng final resolution of the achon entitled Judith Nicodemus vs. Stephen Nicodemus and Shawn N...
2023.10.20 Motion to Quash Deposition Notices, for Protective Order, for Monetary Sanctions 611
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.20
Excerpt: ...ce for the summons and complaint shows that moving parties, Defendants MHC Date Palm, LLC and Equity Lifestyle Properties, were served on June 29, 2023. Defendants now move this court to quash depsiton notices pursuant to California Code of Civil Procedure section 2025.410, subd. (c), and for a protective order pursuant to California Code of Civil Procedure section 2025.420, subds. (a) and (b), and for monetary sanction against plaintiff Jeff Joh...
2023.10.20 Motion for Attorney Fees 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.20
Excerpt: ...he defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and its deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject pro#rties be quieted in Cardenas as of July 24, 2018, free of all liens asserted by Plaint...
2023.10.19 Motion for Summary Judgment 872
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.19
Excerpt: ... Plaintiff alleges her knee implants were not properly sterilized, which led to her infections. Defendant asserts there are two acceptable methods for sterilization: Hydrogen Peroxide (VHP) and Ethlyene Oxide (EO). (IJMF 13.) The method that utilizes VHP is completed in-house at Conformis, while the method that utilizes EO is completed off-site by Steris. (UMF 16.) Steris is a thirdparty that provides contract sterilization, laboratory testing, a...
2023.10.19 Motion for Relief from Waiver of Jury Trial 891
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.19
Excerpt: ...jury trial in their complaint. A CMC was held on September 27, 2022, but Plaintiffs did not post jury fees at this time. An initial Trial Setting Conference ("TSC") was held on March 9, 2023, and a second TSC was held on July 25, 2023. At the July 2023 TSC, Plaintiffs' counsel allegedly first became aware that Plaintiffs had not posted jury fees. The court set a bench trial for February 23, 2024. The present Motion follows. Plaintiffs contend the...
2023.10.18 Demurrer on FAC 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.18
Excerpt: ... provide notice pursuant to CCP 1019.5. Plaintiffs Cindy Balch, Lavonne Perez and Egle Balsiene (collectively, "Plaintiffs") filed the complaint in this achon on April 13, 2023 and the operative first amended complaint ("FAC") on August 17, 2023 against defendant Eisenhower Medical Center ("EMC"). The Complaint sets forth six causes of action: (1) Religious Creed Discrimination — Failure to Accommodate (FEHA); (2) Medical Condition Discriminati...
2023.10.17 Motion to Quash Doe Amendment and Service of Summons 698
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.17
Excerpt: ...munity, 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 with Overton in September 2019 in which Overton falsely accused him of bullying older females. In October/November 2020, Plaintiff entered into an oral contract for third party Michael Horton ("Horton") to provide landscaping ...
2023.10.16 Motion to Compel Production of Docs 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.16
Excerpt: ...ower Medical Center ("Defendant"). They contend that they were denied a reasonable accommodation and wrongfully terminated for declining a Covid-19 vaccine. The operative pleading is the first amended complaint. It asserts the following causes of action: (1) violation of FEHA - religious creed discrimination and failure to accommodate, (2) violation of FEHA - medical condition discrimination and failure to accommodate, (3) violation of FEHA- reta...
2023.10.13 Motion to Strike, Demurrer on FAC 218
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.13
Excerpt: ...motion to strike. As part of the meet and confer process, Defendant shall identify all of the specific causes of action that believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for his position that the pleading is legally sufficient or, in the alternative, how the Complaint could be amended to cure any legal insufficiency. After meeting and conferring, Defendant sh...
2023.10.12 Motion to Tax Costs 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.12
Excerpt: ...uled in favor of Plaintiffs and against the defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject properties be quieted in Cardenas as of July 24, 2018...
2023.10.12 Demurrers 901
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.12
Excerpt: ...45.) A week later, Myers develo#d a low-grade fever and some wheezing and coughing. (946.) Myers went to Eisenhower Health on February 19, 2021. (947.) Myers' physicians administered a COVID-19 "protocol" over the next four days which included use of the drugs Remdesivir, Dexamethasone, and Tocilizumab. (950.) Plaintiff alleges these drugs carried substantial risks and were not necessary or appropriate to treat Covid-19. (11923-39.) Plaintiff all...
2023.10.11 Motion for Preferential Trial Setting 157
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.11
Excerpt: ...eral Motors, LLC ("GM"). On February 19, 2023, Plaintiff crashed the subject vehicle into a parked car causing the airbags to deploy. Plaintiff alleges that the airbags were negligently designed or manufactured such that Plaintiff suffered horrible fourth degree burns on her legs as well as other injuries. On June 20, 2023, Plaintiff filed her Complaint. She asserts eight causes of action for: (1) Strict Liability—Manufacturing Defect; (2) Stri...
2023.10.09 Motion to Compel Responses, to Deem RFAs Admitted 089
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.09
Excerpt: ... 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 51019.5. This is a wrongful termination case by Plaintiffs Ki Burton and Paul Crawford alleging five causes of action against Defendant Eisenhower Medical Center for: 1) failure to accommodate/medical discrimination, 2) failure to accommodate/religious creed discrimination, 3) genetic information discriminat...
2023.10.06 Motion to Compel Compliance with Subpoena for Financial Info 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.06
Excerpt: ... property that Judgment Debtor and his family rented and occupied from December 2019 — September 2021. The SDT seeks information in Acorn's possession and control including "lease applications, credit checks, background checks, bank references, personal references, lease agreements, and lease modifications or amendments." It also seeks records "concerning or related to payments received from the Judgment Debtor" or made by Acorn "to the Judgmen...

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