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2023.10.05 Motion to Appoint Receiver on FAC 459
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.05
Excerpt: ...ator for the Estate of Edward James Schloss ("Plaintiff or "Judgment Creditor"). (Hellmich Decl. 2.) Defendant Quantum Materials Corp. ("Quantum") isa Nevada corporation with its principal place of business in Texas. (ld. at '14.) Solterra Renewable Technologies, Inc. ("Solterra") is a Delaware corporation with its principal place of business in Texas. (ld. at 6.) Solterra is Quantum's wholly owned subsidiary. (ld.) Defendant Stephen Squires ("Mr...
2023.10.03 Motion for Preferential Trial Setting 364
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.03
Excerpt: ...") in this action on April 5, 2019 against defendants Compass Health Care Brands Corporation ("Compass"), Invacare Corporation (erroneously named as Invacare Corporation) ("Invacare") and Eisenhower Medical Center ("EMC") (collectively, "Defendants"). Plaintiffs allege that on April 22, 2017, Bernard and his daughter (Victoria) were visiting a relative at EMC in Rancho Mirage. (Complaint, 12.) Bernard, who had been recovering from surgery, was ut...
2023.10.02 Motion to Set Aside Default on Complaint 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.02
Excerpt: ...inst defendants Reverse Mortgage Funding, 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 subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Com...
2023.10.02 Motion for Summary Judgment on SAC 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.02
Excerpt: ...18, Defendant entered into a written lease (the "Lease") for a unit ("Unit" or "Premises") at the property (the "Property") located on Hobsonway in Blythe, CA owned by Blythe Internal Medicine Clinic ("81MC"). (SAC, '1 26-27, Exhibit C.) Plaintiff thereafter acquired the Property from BIMC on August 26, 2021. (SAC, 23.) The Lease provides for an initial term of one year and renews automatically unless changed by the mutual agreement of the partie...
2023.09.29 Motion to Compel Deposition of PMK 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.29
Excerpt: ..., (2) violation of Civil Code S 1793.2(b), (3) violation of Civil Code S 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiff contends that he has noticed the PMK deposition multiple times but Defendant refuses to produce a PMK for relevant categories of testimony. Plaintiff c...
2023.09.29 Motion for Terminating Sanctions 669
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.29
Excerpt: ... floor, causing her to get immediate surgery done on her knee. Plaintiff filed the Complaint on February 10, 2022, alleging premises liability and general negligence. Plaintiff contends she sent a letter three days after the incident demanding Defendant to preserve any evidence. Despite admitting in written discovery that there are eight cameras on the property, Defendant failed to produce video depicting the incident claiming that the footage no...
2023.09.27 Motion to Compel Responses 023
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.27
Excerpt: ...laintiff") purchased a 2022 Chevrolet Blazer ("Subject Vehicle"). During the warranty period, the Subject Vehicle contained or developed defects. According to the repair and warranty records, Plaintiff presented the Subject Vehicle to Defendant General Motors, LLC's ("Defendant") authorized repair facility on numerous occasions for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Ni...
2023.09.25 Motion for Summary Judgment, Adjudication 872
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.25
Excerpt: ...cal malpractice action. This case arises from two knee replacement surgeries performed by orthopedic surgeon DR. RAJ SINHA ("Defendant") on NANCY LABODA ("Plaintiff"). he operative First Amended Complaint (FAC) alleges claims for: (1) professional negligence/medical malpractice; (2) failure to obtain informed consent; (3) products liability; and (4) intentional concealment. Plaintiff's FAC alleges that Dr. Sinha and Star Orthopedics performed kne...
2023.09.25 Motion for Reconsideration 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.25
Excerpt: ...s that on July 17, 2019, he was using the spa at the Hotel when he experienced difficulty 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 agains...
2023.09.21 Motion to Compel IMEs 599
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.21
Excerpt: ...rt) and Manuel Saint Martin, MD (a psychiatry expert) for his ongoing complaints related to the injuries. Defendant contends that Plaintiff has put his mental and neurologic conditions at issue and good cause exists for the examinations. Defendants assert that Plaintiff and his counsel have refused to agree to the exams. In Opposition, Plaintiff contends that Defendant did not properly meet and confer regarding the psychiatric examination and any...
2023.09.18 Motion to Consolidate 022
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.18
Excerpt: ...the property for 10 years when he asked about transferring full title to his name. Defendant did not do so, and instead filed a lawsuit to Page 4 of 5 remove him from the property. Plaintiff also alleges he purchased a truck with Defendant, but she repossessed it despite the loan being paid offfrom the dealership. On March 2, 2023, Plaintiff filed this action. On June 20, 2023, Plaintiff filed his operative First Amended Complaint ("FAC") allegin...
2023.09.18 Demurrer on FAC 013
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.18
Excerpt: ...Home Depot Inc., 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 to the water heater closet. Plaintiff alleges Defendants were aware of the ...
2023.09.15 Motion to Set Aside or Modify Judgment 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.15
Excerpt: ...fs filed a document entitled "Plaintiffs' [1] Specification of Additional Principal Controverted Issues, and Proposals Not Included in Statement of Decision, [2] Objections to Tentatve Statement of Decision, and [3] Request for Hearing," requesting, in part, that the Court award prejudgment interest not included in the tentative decision. On June 16, 2023, the Court issued a final statement of decision, which included findings in favor of Plainti...
2023.09.14 Demurrer 302
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.14
Excerpt: ...h Castillas) ("Joseph") and Nany Casillas (erroneously named as Nancy Castillas and also named as Nancy Padilla) ("Nancy"). Plaintiff alleges that she was injured on April 10, 2023 when Defendants breached a duty of care when they failed to perform a needle procedure properly and safely. (Complaint, p. 3.) The Complaint sets forth a cause of action for negligence/professional negligence. Joseph and Nancy (hereinafter, "Defendants") now demur by t...
2023.09.11 Motion to Quash Service of Summons 078
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.11
Excerpt: ...innells" or "Petitioners") became charter members of Respondent The Hideaway Club, Inc. ("Club"), a non-profit mutual benefit corporation which is a golf club. The Club Board of Directors consists of the individually named Robert McDonald, Kim Robak, Keith Kinsel, Steve Howe, Gail Hamilton, David Bynres, and Tim Statton ("Individual Michael was the General Manager of the Club for 11 years. The Finnells allege they were members in standing until M...
2023.09.11 Motion to Dismiss Complaint on FAC 116
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.11
Excerpt: ...xually harassed her. Plaintiff overheard an accidental call from Palumbo making defamatory comments about Plaintiff. Thereafter, after Palumbo realized Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp„ Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related compa...
2023.09.11 Motion for Summary Judgment 025
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.11
Excerpt: ...to CCP 1019.5. This is a breach of contract case brought by Plaintiff Sergio Tellez for 1) foreclosure of mechanic's lien, 2) breach of written contract, 3) account stated, and 4) open book account against moving defendants David Snider, Snider Interests, LLC and Morongo Equity Partners l, LLC and other Defendants. Moving defendants filed a Cross-complaint against Tellez and Ræs 1 — 10) alleging two causes of action for 1) breach of contract (...
2023.09.11 Motion for Judgment on the Pleadings on TAC 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.11
Excerpt: ...1 Kilimanjaro Drive, Palm Desert. Bry was the sole managing member while Cosek was a member. Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely clai...
2023.09.06 Motion to Compel Responses, to Obtain Pre-Trial Discovery 392
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.06
Excerpt: ...aintiffs are father and son who have brought this action against a solar equipment and energy provider whose sales representative allegedly misrepresented the terms and conditions of the contract for installation of solar panels on a private property in order to induce the execution of the contract. It is alleged that Plaintiff Philip Gittelman is a 92-year-old homeowner who was told by Defendants' sales rep, Mo Heaps, that the solar panels would...
2023.09.05 Demurrer to FAC, Motion to Strike 479
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.05
Excerpt: ...o provide notice pursuant to CCP S 1019.5. This is an action brought under the Elder Abuse and Dependent Adult Civil Protecton Act ("Elder Abuse Act", Welf & Inst. Code, S 15657 et seq.) pertaining to care provided to the decedent Clarence Johnson during his stay at the Eisenhower Medical Center ("EMC"). 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...
2023.09.05 Anti-SLAPP Motion, Demurrer 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.05
Excerpt: ...s that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, '1 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Complaint, 7.) Mollie had difficulty making the monthly mortgage payments, and in 2018, she entered into a reverse mortgage with RME (Complaint, 8-9.) Mollie died on September 24, 202...
2023.09.01 Motions for Summary Judgment, Adjudication 178
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.01
Excerpt: ... ZAMBORELLI ENTERPRISES is ordered to file its memorandum of points and authorities in support of its opposition (See Cal. Rules of Court, rule 3.1350, subd. (e)(l) [the opposition to a motion for summary judgment or summary adjudication must contain a memorandum of points and authorities]) by 4:00 p.m. on Friday, September 1, 2023. On August 17, 2023, Zamborelli filed documents in support of its opposition, including a separate statement in resp...
2023.08.29 Motion to Compel Responses 503
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.29
Excerpt: ...e documents to anyone outside of the current litigation. Finally, redactions are permitted subject to a privilege log advising moving part of the items redacted. Prevailing party ordered to give notice pursuant to CCP 51019.5. Plaintiff Minor Doe ("Minor Doe") brought this action against Defendants Coachella Valley Unified School District ("CVIJSD"), and Steven Mathew Moraga ("Moraga") alleging sexual assault of a minor, sexual harassment, failur...
2023.08.29 Motion to Compel Production of Docs 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.29
Excerpt: ...alch, LaVonne Perez, and Egle Balsiene (collectively "Plaintiffs") were nurses for Eisenhower 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 acton: (1) violation of FEHA — religious creed discrimination and failure to accommodate, (2) violation of FEHA ...
2023.08.28 Motion to Compel Responses 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.28
Excerpt: .... Cosek filed a fraudulent Statement of Information with the California Secretary of State declaring him to be the sole managing member and executed a grant deed transferring title of the property from Kilimanjaro to himself, without any consideration. Cosek then filed an election to terminate Kilimanjaro with the Secretary of State, wherein he falsely claimed that the members agreed to dissolve. Cosek then obtained a reverse mortgage to take all...

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