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2018.5.16 Demurrer 057
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.5.16
Excerpt: ...vides no basis for application of Gov. C. §815.6. Moreover, as discussed in Hoff vs. Vacaville Unified School District (1998) 19 Cal. 4th 925, 939, Ed. C. §44807 requires teachers to hold pupils to a strict account for their conduct, and does not purport to impose a mandatory duty more broadly on any public entity. Ed. C. §44807 merely imposes a discretionary duty to supervise the conduct of pupils. Nothing in Ed. C. §44807 requires that any ...
2018.5.15 Motion to Strike 598
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.15
Excerpt: ...nature and expected duration of the plaintiff's disability, and shall be filed no later than May 29, 2018. Analysis: When the Court sustained the prior demurrer in part with leave to amend, the Court did not expressly limit the scope of the amendment. Moreover, the court's CMO requires the parties to meet and confer about proposed amendments and directs that consent to amendment shall not be unreasonably withheld. The defendant has not explained ...
2018.5.15 Motion to Reopen Discovery 729
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.15
Excerpt: ...In exercising its discretion to grant or deny the motion, the court must take into consideration any relevant matter, including the following. The necessity and reasons for the additional discovery sought: • The diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed or the discovery motion heard earlier; • Whether, permitting the discovery or granting the discovery motion will likely...
2018.5.15 Motion to Quash Summons, Vacate Default Judgment 048
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.5.15
Excerpt: ...t belong to them, fraudulently sold it and retained the profits. As stated by the U.S. Supreme Court: Page 2 of 2 [W]hen claims to the property itself are the source of the underlying controversy between the plaintiff and the defendant, it would be unusual for the State where the property is located not to have jurisdiction. In such cases, the defendant's claim to property located in the State would normally indicate that he expected to benef...
2018.5.15 Motion to Quash Service of Summons 828
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.5.15
Excerpt: ...dence proving an effective service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) The request for sanctions is denied for failure to comply with the 21 day waiting period. (Code of Civil Procedure sections 128.5(f) & 128.7(c)(1); Nutrition Distribution, LLC v. Southern Sarms, Inc. (2018) 20 Cal.App.5th 117, 127.) Plaintiff Mireya Arias and her attorney, Rogelio V. Morales, are Ordered to appear and show cause, if any,...
2018.5.15 Motion to Quash Deposition Subpoena 804
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.15
Excerpt: ...n entity that has not been named in this litigation. In addition, the SDT seeks any records provided to the Riverside County District Attorney in connection with the criminal action. Defendant Richard Meaney moves the Court to quash the SDT served on First Republic Bank to obtain documents related to a Union Abbey, Inc. bank account. The court is authorized to order a subpoena quashed, modified, or that compliance be directed, with or without lim...
2018.5.15 Demurrer 676
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.15
Excerpt: ...r sustained without leave to amend as to the 2nd cause of action. Demurrer overruled as to remaining causes of action. The foundational premise of this combined second amended petition for: (1) writ of administrative mandate, (2) writ of mandate, and complaint for (3) breach of contractspecific performance of 2004 settlement agreement, (4) breach of implied covenant of good faith and fair dealing, (5) declaratory relief‐Sustainable Groundwater ...
2018.5.15 Demurrer 648
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.15
Excerpt: ...st for Judicial Notice is granted pursuant to Evidence. Code § 452(c) and of recorded documents under Evidence. Code § 452(d) and (g). The Complaint is uncertain, ambiguous and unintelligible. It is unclear whether res judicata applies because the facts as alleged in the Complaint are too thin, i.e., whether they arise out of the same facts alleged in the prior action filed by Plaintiff cannot clearly be deciphered. The facts are also insuffici...
2018.5.15 Demurrer 598
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.15
Excerpt: ...ncloud (1997) 56 Cal.App.4th 91, 96‐97.) Page 2 of 2 Second, any demurrer must dispose of the entire cause of action, not merely some of the claims alleged in that cause of action. The defendant ignores that rule. For instance, in the first cause of action, Plaintiff has pled violations of Labor Code §201‐ 202, 226.2, 227, 510 and 1194. (FAC ¶16‐17.) Defendant has attacked sections 201, 202 and 227, but does not address why sections 226.2...
2018.5.14 Demurrer 073
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.14
Excerpt: ... cause of action for declaratory relief and damages. The facts alleged in the SAC are as follows: Plaintiffs Scott and Carmella Bryan (“the Bryans”) owned two residences and golf memberships at Citrus Club in La Quinta. In June 2017 the Bryans were in the process of selling the residence at 79760 Citrus and transferring their Heritage Golf Membership to the prospective buyers under the terms and conditions of the Club's membership Page 5 of 8...
2018.5.14 Demurrer 486
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.14
Excerpt: ... the contract at issue and fails to plead verbatim the terms alleged to have been breached. As pointed out by Cross‐Complainants, however, the written contract does not necessarily need to be attached to the complaint, and its terms may be pleaded generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198‐199.) CrossComplainants properly allege tha...
2018.5.14 Motion for Leave to File Complaint 337
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.14
Excerpt: ...moves the court for leave to file a Second Amended Cross‐Complaint (“SACC”) which adds a cause of action for fraud and prayer for exemplary damages, adds five new exhibits to demonstrate the alleged alterations of the Lease, and pleads with specificity the facts previously pleaded in order to allege a fraud cause of action. As opposing party correctly points out, the motion fails to comply with CRC, rule 3.1324 which requires that the motio...
2018.5.14 Motion for Sanctions 771
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.14
Excerpt: ...tigant. However, there was a question as to whether or not the Court has recognized new counsel Attorney David Wilkirson, who was not served. No opposition was filed, but was due May 1, 2018. To the extent that the minutes from this Court's February 15, 2018 did not make clear, this Court pursuant to its authority under Code of Civil Procedure section 284 recognized Attorney David Wilkirson as Plaintiff's counsel of record. To the extent that thi...
2018.5.14 Motion to Compel Responses 996
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.5.14
Excerpt: ...was insufficient. Finally, the form interrogatories appear to have been adequately answered. Finally, any clarification can best be dealt with in the form of a PMK deposition and deposition subpoena. ...
2018.5.14 Motion to Strike 339
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.14
Excerpt: ...o the Complaint and filed it on 3/15/18. On 4/17/18 Michler timely filed and served his Anti‐SLAPP Motion to Strike the Complaint. An Anti‐SLAPP motion “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions o...
2018.5.11 Motion to Strike 486
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.11
Excerpt: ... Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5)Promissory Estoppel/Quantum Meruit, 6) False Promise, 7) Fraud and Deceit, 8)Intentional/Negligent Misrepresentation, 9) Intentional/Negligent Infliction of Emotional Distress, 10) Negligence, 11) Slander/Slander Per Se, 12) Libel/Libel Per Se, 13) Invasion of Privacy, 14) Intrusion into Private Affairs, and 15) Declaratory Relief. On March 5, 2018, McQuary filed her First Amende...
2018.5.11 Motion for Reimbursement Determination 414
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.11
Excerpt: ...ount of $291,074.00. This motion and number 3 below, are competing motions, and are therefore, analyzed under the heading of the motion for reimbursement. Plaintiffs initially sued numerous Defendants. Plaintiffs settled with Cessna in the amount of $100,000. Other defendants were dismissed because they had no liability (Aviation Group; Aerohoff), and some were determined to be insolvent or lacked sufficient assets (Buckley; Century; Aircraftsman...
2018.5.11 Motion for Leave to File Complaint 611
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.11
Excerpt: ...power to permit defendant to file or amend a cross‐complaint to avoid forfeiture of defendant's “related” claim. Indeed, the court “shall grant” leave as long as defendant is acting in good faith. (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99—even on “eve of trial,” leave to file compulsory cross‐complaint mandatory absent bad faith.) Because trial on Stabilis's action h...
2018.5.11 Motion for Leave to File Complaint 184
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.11
Excerpt: ... (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out of a March 28, 2014 fire in the adjacent premises, leased by defendant Armando's Bar and Grill, Inc., as well as an April 23, 2014 pi...
2018.5.11 Motion for Attorneys' Fees 784
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.5.11
Excerpt: ...acle noted in its original opposition some of the work that was solely related to the contract claims. The Court notes other entries such as: (1) July 22, 2016 “Review and analysis re July 21, 2016 Pinnacle's response to Crawford discovery”; (2) August 21, 2016 “Review and analysis re August 17, 2016 letter re agreement re discovery and Crawford claim”; (3) November 11, 2016 “Review and analysis re November 8, 2016 letter from developer...
2018.5.11 Motion for Attorney Fees 784
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.5.11
Excerpt: ...equest for a flat fee without any attempt to explain the services rendered is not sufficient to support an award. (Id.) Counsel's original declaration filed with the moving papers merely states they divide the number of case files with the overhead. He provides no information as to how much time spent. Nor does he provide any authority that flat rate billing is sufficient to justify fees. Because moving parties failed to provide evidence to estab...
2018.5.11 Demurrer 486
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.11
Excerpt: ...and Lenni Ayres are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On November 21, 2017, Plaintiff Gail McQuary (“McQuary”) filed her Complaint against Defendants Peter Kirkis and Lennie Ayres alleging 15 causes of action for: 1) Breach of Contract, 2) Breach of Quasi‐Contract, 3) Breach of Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5) Promissory Estoppel/Quantum Meruit, 6) False Promise,...
2018.5.10 Motion to Strike 398
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.10
Excerpt: ...tising) and Civil Code section 1750 (consumer legal remedies). The defendant contends that those claims for injunctive relief are preempted by federal law, and in any event are barred by a consent decree issued by the Office of the Comptroller of the Currency, and are therefore “irrelevant, false, or improper” allegations subject to a motion to strike. As described above, the prosecution of those statutory claims for injunctive relief has bee...
2018.5.10 Motion to Strike 307
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.10
Excerpt: ...fied by numbers 14 and 15. Defendants Vistana California Management, Inc. and Desert Willow Condominium Association, Inc. are to give notice pursuant to CCP 1019.5, forthwith. Defendants seek to strike paragraphs 20, 32, 41, 42, 47(e), 48, 49, 53, 59, 69, 94 and the phrase “Defendants … deliberate choice not to notify Plaintiffs of the presence of Cimex Lectularius in Room 3111, within paragraph 37 and 55 and prayer for relief for punitive da...
2018.5.10 Motion to Stay 398
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.10
Excerpt: ...rbitrate her individual claims and to stay prosecution of the class claims pending the result of that arbitration. On 12‐ 1‐11 and 2‐2‐12, the trial court granted the motion to arbitrate as to all claims except for the claims for injunctive relief under B&P Code sections 17200 (unfair competition) and 17500 (false advertising) and Civil Code section 1750 (consumer legal remedies), and stayed those three claims pending the result of the ar...

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