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2023.08.25 Motion for Summary Judgment 178
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.25
Excerpt: ...ertain to the motion for summary judgment by 4:00 p.m. on Friday August 25, 2023. No exhibits will be accepted after. The instant motion was initially filed on June 08, 2023. On June 13, 2023, the Court granted Zamborelli's Ex Parte Application to shorten time to bring its summary judgment motion and summary adjudication motion less than 30 days prior to trial. At that same hearing, ARB'S counsel consented to waive the 75-day notce requirement fo...
2023.08.23 Motion to Vacate Default Judgment 307
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.23
Excerpt: ...n Salcido, deceased, alleges that on 4/5/19 on Indio Blvd. near Sun Gold Street in Indio, Defendants caused a motor vehicle accident when they struck a vehicle in which Kaitlen Salcido (Decedent) was a passenger. Decedent died from her injuries. Plaintiff alleges that Defendants, Alber Lopez and Gladys Ponce were operating the vehicle, with permission from Defendants, Omar Camera, Veronica Camera, and Jose Gutierrez. Plaintiff filed her Complaint...
2023.08.23 Motion for Summary Judgment, Adjudication 343
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.23
Excerpt: ... that (1) Plaintiffs Davenports' breach of contract cause of action fails as a matter of law because they cannot establish a breach; and (2) Plaintiffs' declaratory relief cause of action fails as a matter of law because they cannot establish that they are entitled to coverage under the insurance contract, i.e., the insurance policy. Page 5 of 11 Plaintiffs are homeowners who have brought this achon against their insurance carrier after the denia...
2023.08.23 Demurrer to SAC 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.23
Excerpt: ...nts Pars Surgery, Inc. ("Pars") and Hossain Sahlolbei. Plaintiff alleges that on January 1, 2018, Pars (hereinafter, "Defendant") entered into a written lease (the "Lease") with Plaintiff's "predecessor" for a unit ("Unit" or "Premises") at the Property. (FAC, 25- 26, Exhibit A.) The Lease provdes for an initial term of one year and renews automatically unless changed by the mutual agreement of the parties; the rent was set at $1,000 per month, w...
2023.08.22 Motion to Strike 175
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.22
Excerpt: ...gorgement (22:12— 15, 24:9—10, 27:8, 27:11, 27:18); and Attorney's Fees (28:2). Those portions are ordered stricken. Defendant to provde notice pursuant to CCP 1019.5. Defendants concurrently move to strike portions of the Complaint on the grounds that they are irrelevant, false, or improper. Specifically, Defendants ask the Court to strike Plaintiffs' reference to the January 20, 2023 fire, as well as Plaintiffs' requests for disgorgement, t...
2023.08.22 Motion to Compel Further Responses 023
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.22
Excerpt: ..."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, L C's ("Defendant") authorized repair facility on numerous for the various defects, including the engine, electrical, emission, and transmission system defects. (Declaration of Nicholas Yowarski ("Yowarski Decl."), '1 4.) Various defec...
2023.08.22 Demurrer 175
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.22
Excerpt: ...P 1019.5. Plaintiffs are the owners of the real property located at 74865 Hummingbird Lane, Indian Wells, California 92210 (the "Property"). (Compl. '1 17.) Plaintiffs closed escrow on the Property on or September 30, 2021, and were searching for a professional architectural, design firm, and general contractor to remodel their Property. (ld.) On or about August 16, 2021, Plaintiffs were introduced to Defendants by way of email. (ld. at '1 18.) D...
2023.08.21 Motion to Compel Responses 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.21
Excerpt: ...rive, Palm Desert. Bry was the sole managing member while Cosek was a 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 ofthe 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 agr...
2023.08.18 Motion to Compel Arbitration 967
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.18
Excerpt: ...st defendant Tesla Inc. On 5/7/22, Plaintiff purchased a 2022 Tesla Model Y (the "Vehicle"), which was backed by an express warranty, from Defendant. (Complaint, 10-11.) Plaintiff alleges that the Vehicle was delivered with serious defects and nonconformities to warranty and, within the applicable warranty period, developed other serious defects and nonconformities to warranty. (Complaint 10-19.) The Complaint sets forth four causes of action: (1...
2023.08.18 Demurrer to SAC, Motion to Strike 089
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.18
Excerpt: ...9.5. Plaintiffs Kim Burton and Paul Crawford allege that Defendant Eisenhower Medical Center suspended and terminated their employment after they refused to take the Covid-19 vaccine (8NT162b2 manufactured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant fi...
2023.08.17 Motion for Leave to Amend Complaint 466
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.17
Excerpt: ...omplaint alleging five causes of action against Defendant for: (1) failure to accommodate religious creed; (2) failure to accommodate medical condition; (3) retaliation; (4) disparate treatment; and (5) wrongful discharge. They contend this case is about the harm suffered by three long-term and dedicated nurses who were denied reasonable accommodation and unlawfully terminated by their hospital employer for declining a Covid vaccine which was unn...
2023.08.17 Motion for Summary Judgment, Adjudication 698
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.17
Excerpt: ...na 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, "1 11-13.) Plaintiff alleges that he had a verbal altercation with Overton in September 2019 in which Overton falsely accused him of bullying old ladies. In 2020, P...
2023.08.17 Motion to Compel Further Responses 998
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.17
Excerpt: ...ly, Respond-ng party is further ordered to pay attorney's fees and costs to moving party in the amount of within 30 days of service of notice. (CCP SS 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notce pursuant to CCP S 1019.5. This is a lemon law case. Plaintiffs Gerardo Solorio Coronado and Cassandra Ceja Gonzales ("Plaintiffs"), purchased a defective 2016 GMC Sierra 15[n (the "Subject Vehicle" or "vehicle")...
2023.08.17 Motion to Strike, Demurrer 149
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.17
Excerpt: ....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 court ...
2023.08.16 Motion to Compel Responses, for Monetary Sanctions 173
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.08.16
Excerpt: ...collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff) served Defendant with written discovery demands, including Requests for Production ("R...
2023.07.25 Motion to Set Aside Default on FAC 135
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.25
Excerpt: ...m LLC (Millridge), a mere shell company. Plaintiff alleges that she owns real property located at 74 Conejo Circle in Palm Desert. Before she purchased the property, it was owned by Millridge, which offered the property for sale on 8/13/20 for $379,000. Plaintiff, as Trustee, made an all cash offer for $358,000, and after several counter offers, Millridge agreed to sell the property to her for $357,000 in cash, conveyed it to Plaintiff's Trust on...
2023.07.25 Motion to Compel Further Responses 173
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.25
Excerpt: ...suant to CCP 51019.5. This matter arises from a December 2, 2019 motor vehicle collision which occurred on December 2, 2019. Plaintiffs Delia Aguilera Gazca ("Gazca") and Maribel Aguilera filed the complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") on December 1, 2021. The complaint sets forth causes of action for general negligence and motor vehicle negligence. On February 8, 2023, Gazca (hereinafter, "Plaintiff") served...
2023.07.25 Motion to Compel Deposition ot PMK 994
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.25
Excerpt: ... defects. Plaintiff asserts that Defendant could not fix these defects. The operative complaint is the first amended complaint. It asserts the following causes of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2(b). Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowle...
2023.07.25 Demurrer 520
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.25
Excerpt: ...auses of action for (1) Products Liability and (2) Negligence. Plaintiff alleges that on December 27, 2018, Plaintiff was injured by a GE dishwasher, Model No. PDT8455MJ2ES, Serial No. FL 100319B ("Dishwasher") while using the Dishwasher in the manner intended by defendants. Plaintiff alleges the Dishwasher was manufactured and designed by Haier US Appliance Solutions, Inc. and Haier US Appliances dba GE Appliances, and sold by Costco Wholesale C...
2023.07.21 Motion for Preliminary Approval of Class Action Settlement 431
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.21
Excerpt: ...12, 2023, Plaintiffs filed a further supplemental declaration and Proposed Order in compliance with the Order. The following issues were addressed: 1. Although counsel for Defendant states that the Class Members generally are high school educated and can read the Notice, the CMO requires a declaration from Defendant based on personal knowledge. Page 5 of 5 Defendant's principal, Dale Carson, now declares that the Class Members are adults who spea...
2023.07.20 Motion to Vacate Default Judgment 594
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.20
Excerpt: ... 2023, 8:30 a.m„ Department PS2. Defendants Kenagy and Nicodemus to provide notice pursuant to CCP 1019.5. On February 10, 2022, filing Plaintiff Judith Nicodemus ("Plaintiff") filed a complaint against two of her adult children, Defendants Shawn Kenagy ("Kenagy") and Stephen Paul Nicodemus ("Nicodemus"), Page 13 of 16 alleging claims for 1) financial elder abuse; 2) fraud; 3) cancellation of written instrument under Civ. Code S 3412; and const...
2023.07.20 Motion to Compel Further Answers, for Monetary Sanctions 173
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.20
Excerpt: ... notice pursuant to CCP 1019.5. This matter arises from a motor vehicle collision which occurred on December 2, 2019, in Riverside County and resulted in alleged personal injuries to Plaintiffs. Plaintiffs Delia Aguilera Gazca ("Plaintiff") and Maribel Aguilera ("Aguilera") filed a Complaint for Damages against Defendant Laurence Eugene Smith ("Defendant") for damages on December 1, 2021, alleging causes of action for (1) negligence and (2) motor...
2023.07.20 Motion for Summary Adjudication on FAC 074
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.20
Excerpt: ...Kia Soul that has a defective gasoline direct injection engine (GDI), i.e. the Nu engine. Plaintiff alleges Defendant concealed the defect, resulting in a tolling of the statute of limitations. From 8/13/18-3/6/21, Plaintiff had the vehicle inspected for various issues, but Defendant never informed Plaintiff of the engine defect. Plaintiff filed this achon on 8/3/21. After the court sustained Defendant's demurrer, Plaintiff filed the First Amende...
2023.07.20 Motion for Judgment on the Pleadings 708
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.20
Excerpt: ...tified defects. Plaintiff delivered the vehicle to Defendant Fiesta Ford ("Fiesta") for repairs and alleges that Fiesta negligently performed the repairs. On December 13, 2022, Plaintiff filed her Complaint which sets forth three (3) causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty (against FMC); (2) Violation of Song-Beverly Act— Breach of Implied Warranty (against FMC) and (3) Negligent Repair (against Fiesta)...
2023.07.19 Motion to Dismiss Complaint 926
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.07.19
Excerpt: ...ted April 4, 2023, Plaintiff substituted defendant All County Environmental & Restoration Company Inc. ("All County") for Doe 1. As reflected in the prtnf of service, the complaint was personally served on All County on May 8, 2023. All County now moves to dismiss the action under CCP S 583.250 on the ground that it was not served on All County within three years after the action was commenced. All County argues that, in the alternative, service ...

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