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2018.5.24 Motion for Approval of Final Report, Accounting Approval of Final Claim 253
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.24
Excerpt: ... costs and the allowance of 15% surcharge. Facts supported by the evidence. Upon appointment the Receiver removed Weedmart from the property. The property was inspected and there was substandard conditions at the property including but not limited to structural modification, electrical issues and inadequate bathroom facilities. The marijuana dispensary existing at the filing of this case, was operated by the former property owners Can Nguyen and ...
2018.5.23 Motion for Preferential Trial Setting 916
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ...seeking treatment by Dr. Torian, his behavior was inappropriate by exposing Donnelly's breasts and staring at them. Each visit Dr. Torian's exposure of Donnelly's breasts became longer. On one visit Dr. Torian asked Donnelly if her pain went to her groin and although she responded no Dr. Torian touched Donnelly in the crease of her upper inner thigh near her vaginal region. When Donnelly pulled back from the improper touching Dr. Torian said he w...
2018.5.23 Motion to Dismiss 983
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ...g to the police report attached to the claim, the Izuzu was towed and it appears that the other named items were located in the vehicle. The citation states that the vehicle is “stored” pursuant to the driver being cited with a violation of Vehicle Code section 22651(p). Vehicle Code Section 22651 is a statutory provision sets for circumstances that permit a peace officer to remove a vehicle. Subsection (p) provides that one of those circumst...
2018.5.23 Demurrer 095
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ...presented that she was Dr. Bass's personal assistant. That misrepresentation caused Cross‐Complainant embarrassment and humiliation destroying his reputation in having to explain to his wife Page 8 of 9 and Servpro who his “assistant” Audrey was and the fact that he did not have an assistant and was not having an affair. In addition, when the Servpro documents could not be acquired by the phone ruse, Jurak served an Subpoena Ducts Tecum (�...
2018.5.23 Demurrer 246
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ...e a proper cause of action for negligent hiring. The 2nd cause of action in the Cross‐Complainants Pug and Meza's First Amended Complaint (“FAC”) alleges that Field Asset Services owed Cross‐Complainants a duty to ensure that inspections they were ordering were appropriate for the work to be complete don the project such that their funds would not prematurely be dispersed to Plaintiff/Cross‐Defendant F.I.R. Affiliates, Inc. (“F.I.R.�...
2018.5.23 Demurrer 316
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.23
Excerpt: ...ermination in his (plaintiff's) favor; (2) was brought without probable cause; and (3) was initiated with malice (Zamos vs. Stroud (2004) 32 Cal. 4th 958). Malicious prosecution includes continuing to prosecute a lawsuit discovered to lack probable cause (Id.). A claim for malicious prosecution need not be addressed to an entire lawsuit: it may be based upon only some of the causes of action alleged in the underlying lawsuit (Franklin Mint Co. vs...
2018.5.23 Motion for Preliminary Approval of Class Action Settlement 710
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.23
Excerpt: ... Since that estimate was given in June of 2016, the terms of the settlement have changed to eliminate the requirement of any claims being submitted. That eliminates the need for “reminder postcard,” “postage reminder postcard,” “claims processing,” and possibly other expenses, and may reduce other categories of services. In addition, the size of the class has risen from 833 to 946. The Court will require an updated quotation based on ...
2018.5.23 Motion for Protective Order 042
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.23
Excerpt: ... to determine whether this is the case. Furthermore, Defendant has not produced any evidence that it has workers' compensation insurance that will cover Plaintiff's claim. Additionally, there is no evidence establishing that other exceptions to the exclusivity rule do not apply. Page 3 of 3 The scope of discovery is generally broad and permits any party to obtain discovery regarding any matter not privileged that is relevant to the subject matter...
2018.5.23 Motion for Reconsideration 650
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.5.23
Excerpt: ...court earlier that a cross‐complaint had been filed. Hence, reconsideration is appropriate. However, upon reconsideration the Motion to Quash is GRANTED. When one weighs the privacy rights of the Tatums against James' need to conduct discovery into claims presented in a cross‐complaint that had been filed by his co‐defendant and that he does not have any interest in, the privacy rights of the Tatums prevail. Without being a party to the cro...
2018.5.23 Motion for Summary Adjudication 062
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.23
Excerpt: ...ion. DENY the motion for summary adjudication as to James Nichols the general contractor, on procedural and substantive grounds. Plaintiffs failed to comply with the requirements of Rules of Court, rule 3.1350 which requires that: “The specific cause of action or issues of duty must be stated specifically in the notice of motion and be repeated verbatim, in the separate statement of undisputed facts.” Additionally, there is a triable issue of...
2018.5.23 Motion for Summary Adjudication 746
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ...promissory note in its Cross‐Complaint against Healing Nature, LLC. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or th...
2018.5.23 Motion for Summary Judgment 489
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.23
Excerpt: ...e issues of fact with respect to both the alleged breach of the standard of care and causation. Plaintiff's expert, Jack Sills, M.D. is properly qualified and opines that the standard of care required that the twins be subject to parallel evaluations and antibiotic treatment and that if Joshua had been started on the same antibiotic regimen as his twin sister, he would have, to a reasonable degree of medical probability, survived the infection th...
2018.5.23 Motion to Compel Arbitration 916
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.23
Excerpt: ... court to compel Plaintiff Donnelly to arbitrate her claims and to stay these proceedings. DISCUSSION: Dr. Torian asserts that the dispute in this action is subject to a valid and enforceable arbitration agreement and that Donnelly has refused to arbitrate her claims. However, the claims made by Donnelly for sexual assault do not arise “out of or in any way” relate to her physician‐patient relationship with Dr. Torian. (Victoria v. Superior...
2018.5.22 Motion for Approval of Class Action Settlement 091
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.22
Excerpt: ... 1,981. No explanation is offered for that drop of 24%. 2. The administrator's fee is limited to a maximum of $24,500, which was the estimated cost when the class was expected to number 2,600. Although the class was actually only 1,981, the administrator estimates its total costs as being $24,562.27. How is it that a 24% decrease in the size of the class results in an increase in the administrator's costs? 3. The declaration of Crawford is unclea...
2018.5.22 Demurrer 109
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.22
Excerpt: ...ef. It should be noted; however, that the notice of motion includes demurrer to the 1st cause of action for nuisance, but thereafter the demurrer is silent as to the 1st cause of action. Defendant asserts that the 3rd, 4th and 10th causes of action should be sustained without leave to amend as Plaintiffs have failed to cure the previously‐adjudicated defects in their Original Complaint after the court granted them leave to amend. Defendant Will...
2018.5.22 Demurrer 413
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.22
Excerpt: ...s incurred (Regional Steel Corp. vs. Superior Court (1994) 25 Cal. App. 4th 525, 528). Indemnity may arise from either of two general sources: by virtue of express contractual language establishing a duty in one party to save another harmless if specified circumstances occur; or it may find its source in equitable considerations brought into play by contractual language not specifically dealing with indemnification or by the equities of the parti...
2018.5.22 Demurrer 897
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.22
Excerpt: ...n, a party to those escrow instructions, or a third party beneficiary to the refinance transaction. There are no allegations that the escrow instructions required that CHICAGO TITLE make any inquiry or a payoff to BARCLAY, or that BARCLAY was considered in any aspect in the Escrow 3 instructions or writings. As a result, pursuant to Summit Financial Holdings, Ltd. vs. Continental Lawyers Title Co. (2002) 27 Cal. 4th 705, the SAC fails to state an...
2018.5.22 Demurrer 855
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.22
Excerpt: ...ommercial lease agreement with Christopher and David Hoffman, which they breached. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v...
2018.5.22 Motion for Attorneys' Fees 091
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.22
Excerpt: ...es customarily charged by each attorney for that attorney's time during the period in which those services were performed, and (ii) the attorney's experience and expertise that justify such a rate. The declaration shall state whether the attorney has clients that pay that rate, and if so, the percentage of the attorney's clients that do so. If the attorney works exclusively on a contingency basis, the declaration shall explain the basis for the h...
2018.5.22 Motion to Approve Settlement 928
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.22
Excerpt: ...aintiff has filed a First Amended Complaint.” The Court granted leave to amend (4‐12‐ 18), but no such pleading has been filed. 2. The agreement provides for the entry of judgment that would purport to bind all aggrieved employees. The parties rely on the Supreme Court's statement that “the judgment in [a PAGA action brought by an aggrieved employee] is binding not only on the named employee plaintiff but also on government agencies and a...
2018.5.22 Motion to Strike 855
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.22
Excerpt: ...ers for relief contained in Plaintiff's First Amended Complaint (“FAC”) in paragraphs 35 (3rd cause of action), 45 (4th cause of action) and 55 (5th cause of action) and prayer for relief related to the 3rd , 4 th and 5th causes of action. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central...
2018.5.22 Motion to Compel Further Responses 026
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.5.22
Excerpt: ...iscovery Act specifically permits contention interrogatories with no time restriction. The motion is MOOT as to Special Interrogatories 2, 5 and 28 and numbers 4 and 30. Supplemental responses were provided very late, which identify the portion of the CC&Rs that provide the duty. The motion is GRANTED as to Special Interrogatories 7, 8, 9, 16, 17, and 18, 20, 21, 22. If Plaintiffs are not aware of any personal facts, and can only rely on expert o...
2018.5.22 Motion to Compel Visual Inspection 235
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.22
Excerpt: ...LC is entitled to inspect the cart. Defendant Club Car, LLC (“Defendant”) seeks an order permitting visual inspection and non‐ destructive testing of the subject golf cart. Plaintiffs claim that Defendant has already conducted an inspection. This argument has no merit. Plaintiffs did allow Defendant access to the cart before this action was filed. However, the fact that Plaintiffs allowed Defendant access Page 2 of 2 to the cart before this...
2018.5.22 Motion for Terminating Sanctions 881
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.22
Excerpt: ...ers requiring her to respond. The court's orders directing Plaintiff to answer discovery were entered March 6, 2018. The court directed Plaintiff to serve verified responses without objection within 15 days and granted monetary sanctions. The notice of the court's ruling was mailed on March 8, 2018, for effective service on March 13, 2018. Therefore, Plaintiff was ordered to serve her responses on or before March 28, 2018. As of April 5, 2018, th...
2018.5.21 Demurrer 916
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.21
Excerpt: ...tor of the Estate was issued by the State of Texas. Code of Civil Procedure section 1913(b) states that the authority of a personal representative “does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.” The disability of a for...
2018.5.21 Demurrer 578
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.21
Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...
2018.5.21 Demurrer 847
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.21
Excerpt: ...l date of June 8, 2018, and at the same time discovery was reopened. The Hamodots have had sufficient time to prepare for trial. (A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068 [defendant named as a Doe defendant approximately one month before trial].) Overruled as to the first, second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action, as well as defendants' challenge to the sufficiency of the a...
2018.5.21 Demurrer 897
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.21
Excerpt: ...o bring the claim. As plaintiff notes, the Ex. 3 Endorsement establishes that BARCLAY was insured under the Policy, and except for stated conditions, is subject to all of the terms and provisions of the Policy. At Second Amended Complaint (SAC) §61, plaintiff alleges various reasons why it is entitled to coverage under the Policy and Endorsement. Plaintiff has adequately stated sufficient facts to alleged a cause of action for breach of contract...
2018.5.21 Motion for Attorney Fees and Costs 925
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.21
Excerpt: ...) as the prevailing parties on their anti‐SLAPP motion. In opposition, Plaintiff asserts that there was no need to file 3 separate motions to strike, rather than just one. Defendants in reply stated they attempted to file a joint motion but it was rejected by the court as an entry of default had been entered against Sun Salt Sand. In addition, Defendants point out that only $985 .00 of the requested total was related to the second motion, which...
2018.5.21 Motion for Leave to File Complaint 469
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.21
Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...
2018.5.21 Motion for Leave to File Complaint 548
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.5.21
Excerpt: ... of 3 More importantly, the Motion was not supported by declaration containing the information required under Rule 3.1324(b). The Motion is supported by the Declaration of Jessica R. Underwood, who indicates that Plaintiff was deposed on March 16, 2018 and testified as to Hurtado's involvement with the vehicle. However, the declaration does not state that the information was discovered at the deposition or why leave to amend was not sought earlie...
2018.5.21 Motion for Preliminary Injunction 794
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.5.21
Excerpt: ...rrence. Further, because the County establishes that it is reasonably probable it will prevail on the merits, there is a rebuttable presumption that the potential harm to the public outweighs the potential harm to the defendants. (See City of Corona v. AMG Outdoor Advertising, Inc. (2016) 244 Cal.App.4th 291, 299.) Thus, because neither BPL nor Corral argues that they will suffer any harm through the issuance of a preliminary injunction, there is...
2018.5.21 Motion to Compel Arbitration 643
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.21
Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...
2018.5.18 Motion for Summary Judgment 384
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.18
Excerpt: ...revailing party to submit proposed judgement order and to give notice. There are no allegations that WFG owed an independent fiduciary duty to Jeffrey. Hence, this cause of action is based on WFG's alleged conscious decision to participate in tortious activity by assisting Aaron in breaching his fiduciary duty by entering into the various business transaction with Sunset without Jeffrey's knowledge or consent. The business transactions at issue a...
2018.5.18 Demurrer 246
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.18
Excerpt: ...s‐Complaint. Thereafter, the notice states that “F.I.R. Affiliates, Inc., a California Corporation dba. Fire Insurance Repair Experts, Juliette Zuccolotto, an Individual, Greg Zuccolotto, an Individual, Sylvia Aden, an Individual, [sic] seek an order sustaining general and special demurrer [sic] to the [sic] all cause [sic] of action in defendant [sic] Guadalupe Puga; Jimmy Meza's 1st Amended Cross Complaint” and then, after setting forth t...
2018.5.17 Motion to Strike 684
Location: Riverside
Judge: Waters, Sharon
Hearing Date: 2018.5.17
Excerpt: ... present sufficient evidence to show a reasonable probability of success. Indeed, plaintiff's opposition fails entirely to address and distinguish the applicable immunities that prevent him from meeting his burden on the second prong. Additionally, plaintiff's Page 2 of 2 memorandum of points and authorities in opposition to the motion reference exhibits but no such exhibits were attached. ...
2018.5.17 Demurrer 662
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2018.5.17
Excerpt: ...s of its sixth cause of action are sufficient to support a defamation cause of action. See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38‐39 (if the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer). With regard to the remaining causes of action, the allegations of the Complaint are sufficient for pleading purposes to support the causes of action as alleged agai...
2018.5.17 Motion for Preliminary Approval of Class Action Settlement 306
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.17
Excerpt: ...o the defendant rather than being distributed to the class? (Order, ¶ 6.) 2. The release described in the settlement agreement purports to release all claims arising out of the sale of the property, and thus is considerably broader than the claims described in the complaint, and is broader than the release described in the notice. Why does the proposed release not conform to CMO#2, § H.6.b? 3. Why is the partial SSN sought on the exclusion form...
2018.5.17 Motion for Protective Order 579
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.17
Excerpt: ...ue burden and expense.” [CCP § 2030.090(b). Plaintiff seeks myriad forms of often inconsistent relief. This motion is brought on the grounds that Defendant's discovery … involves considerable burden requiring additional time to respond; exceeds the permissible scope of discovery by seeking regarding certain personal medical information and documents of the Plaintiff as well as attorney‐client privileged and work product doctrine informatio...
2018.5.17 Motion to Approve PAGA Settlement 086
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.17
Excerpt: ...spects: ¶ E.3.b. Where is the evidence of the estimate of the total number of alleged individual violations? ¶ E.4.c. Where is the evidence of the estimate of the penalties for which the defendant would be likely to be found liable at trial? ¶ E.4.e. Where is the evidence of how the amount of the agreed‐upon penalties was calculated? Page 2 of 5 ¶ E.6.a. Baker appears to say that the maximum value of the plaintiff's wage and hour claims is ...
2018.5.17 Motion to Eliminate Need for Proof of Matters 015
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.5.17
Excerpt: ...ary v. Superior Court (2014) 223 Cal.App.4th 726 for the proposition that an admission eliminates the need for proof. But, St. Mary was a discovery dispute and the court was merely discussing the purpose of a request for admission—not the procedure to how to enforce it. The issues raised here are trial issues. ...
2018.5.17 Motion to Strike 598
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.17
Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...
2018.5.17 Demurrer 496
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.17
Excerpt: ...a “cross‐complaint”) is overruled. Granite shall serve and file its answer the complaint in intervention no later than May 29, 2018. Analysis: The demurrer will not be sustained, because there is no evidence that Granite complied with Code of Civil Procedure section 430.41, subdivision (a), which expressly requires the demurring party to meet and confer “in person or by telephone . . . .” On the merits, the challenge to the first cause ...
2018.5.17 Motion to Strike 696
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.17
Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...
2018.5.16 Motion to Not Discharge Receiver 690
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.16
Excerpt: .... Receiver, Eric Beatty, was appointed as a H & S Receiver on December 12, 2011. At the CMC held on September 7, 2017, the court directed Receiver to file and serve a report addressing both the status and feasibility of rehabilitating the mobile home park. On October 27, 2017, Receiver filed a report. A further hearing was held on November 30, 2017, OSC re: Discharge of Receiver at which time the court instructed Receiver to submit a further repo...
2018.5.16 Joinder to Motion for Judgment on the Pleadings 496
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.16
Excerpt: ...n is required to be added to the 16 court days required under Code of Civil Procedure section 1005, subdivision (b), when service is done electronically. The joinder was electronically served on 4/23/18. This only provided 16 court days of notice, plus 1 court day for electronic service. Therefore, the notice was shorter than required. However, the plaintiff opposed the motion on the merits without objecting to the insufficient notice. Therefore,...
2018.5.16 Motion for Judgment on the Pleadings 496
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.16
Excerpt: ...4‐30‐18. The Right to Repair Act describes the exclusive remedy for deficiencies in residential construction, “except as specifically set forth” in the Act. (Civ. Code, § 896.) The exceptions are described in Civil Code section 943, which provides that “[e]xcept as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under t...
2018.5.16 Motion for Summary Judgment 085
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.16
Excerpt: ...location. (Undisputed Material Facts (UMF) Nos. 10 to 11 and declaration of Ned Wolfe at ¶¶ 9 and 12, citing to Exhibits C to E; declaration of Rodney Tidwell at ¶¶ 2 to 3.) Plaintiff sufficiently identified the dangerous condition when she agreed in her deposition testimony that she “stepped on this traffic box and that caused [her] foot to roll.” (UMF Nos. 4‐7; See plaintiff's deposition, pg. 43, lines 19‐21, attached to declaration...
2018.5.16 Motion for Summary Judgment 840
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2018.5.16
Excerpt: ...o the court's analysis. The motion for summary judgment is DENIED. The motion for summary adjudication is granted in part, and denied in part as follows: 1 st cause of action (breach of oral contract): GRANTED. Defendant met his initial burden that Plaintiffs cannot establish the existence of any contract and that their claim is barred by the statute of frauds. The burden shifts to Plaintiffs, but Plaintiffs failed to produce sufficient evidence ...
2018.5.16 Motion to Abandon Class Claims 469
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.16
Excerpt: ...hen the hearing may be continued to afford the defendants statutory notice. If the defendants do not oppose the motion, then the issue of the length of service is moot, and the court may either deny the motion or continue the hearing to allow the plaintiffs sufficient time to address the following: 1. The notice of motion states that the motion is made pursuant to “this Court's July 6, 2015 Class Action Case Management Order.” But that order ...
2018.5.16 Motion to Compel Deposition 907
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.16
Excerpt: ...fendant FAC US, LLC is to produce its Person Most Knowledgeable and Custodian(s) of Records within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiffs are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no dispute as to whether Plaintiff is entitled to the requested PMK deposition to authenticate documents produce...
2018.5.16 Motion to Enforce Judgment 603
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.16
Excerpt: ...000 plus interest from November 1, 2010 to present; on the seventh cause of action for breach of loan in the amount of $150,000 plus interest at 5.6% from November 1, 2010 to present; on the tenth cause of action for $20,000…On the twelfth and thirteenth causes of action for partition of real property it was stipulated that plaintiffs own an undivided 50% of each parcel and defendants own an undivided 50% interest of each parcel. The court find...
2018.5.16 Motion to Quash Deposition 283
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.16
Excerpt: ...o be paid to Plaintiff's counsel within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This First Amended Complaint (“FAC”) for breach of contract and declaratory relief raises one issue, that is, whether a provision in Defendant Sunrise Racquet Club Owner's Club's...
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 ...
2018.5.16 Motion to Set Aside Summary Adjudication 900
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.16
Excerpt: ...s own attorney do not constitute items for which a motion for relief under CCP 473(b) may be granted. “When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys [citations]. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney…” (Burnete v. La Casa Dana Apartments (2007) 148 Cal. App.4th 1262, 1267.) Mist...
2018.5.16 Motion to Strike 345
Location: Riverside
Judge: Chapman, David
Hearing Date: 2018.5.16
Excerpt: ...on January 25, 2016. King added Defendants Cox, Castle & Nicholson, LLP, Paul Titcher and Adam Englander Page 3 of 7 (collectively “CC&N Defendants”) to his Second Amended Complaint (“SAC”) filed on April 27, 2017. The SAC alleged the causes of action against the CC&N Defendants for RICO violations, Intentional and Negligent Misrepresentation and UCL violations. On June 23, 2017, CC&N Defendants filed their demurrer to the SAC. The court ...
2018.5.16 Demurrer 154
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.16
Excerpt: ...ect.] Portions of HOBRA suggest that foreclosure proceedings need not be pending. For example, under Civil Code §2923.6(a) (both former and current versions), the Legislature declared that mortgage services (working under a pooling and servicing agreement) acts in the best interest to implement a loan modification agreement if the loan is in default or default is reasonably foreseeable and anticipated recovery under a loan modification exceeds t...
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...
2018.5.15 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 ...
2018.5.14 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 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...
2018.5.14 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 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 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 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...
2018.5.11 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,...
2018.5.11 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 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 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 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 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 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...
2018.5.10 Motion for Final Approval of Class Action Settlement 722
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.10
Excerpt: ...ns listed below. Page 5 of 6 Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provides that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ ...
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...
2018.5.10 Demurrer 131
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.10
Excerpt: ...n shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, mu...
2018.5.10 Demurrer 307
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.10
Excerpt: ...ive notice pursuant to CCP 1019.5, forthwith. This Court sustained with leave to amend as to the 1st, 3rd, 4th, 6th and 7th causes of action in the First Amended Complaint. The Second Amended Complaint (“SAC”) added the following allegations: ‐ Defendants failed to eradicate prior bedbug infestations in the hotel, including in Room 3111, the room where the Mundts were bitten by bed bugs. (¶18, SAC) ‐ Defendants deliberately chose not to ...
2018.5.10 Motion for Attorneys' Fees, Costs, to Expunge Notice of Pending Action 106
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.10
Excerpt: ...) days of the date of the hearing on this motion. The proposed order will be signed after being modified to conform to the terms of the Court's ruling. Defendants Stabilis Fund II, LLC and Indio Funding, LLC are is to give notice pursuant to CCP 1019.5, forthwith. Defendants Stabilis Fund II LLC and Indio Funding LLC move the court for an award of $14,892.27 in attorneys' fees and costs against Plaintiff Valley and Mountain, LLC pursuant to CCP �...
2018.5.10 Motion for Preliminary Approval of Class Action Settlement 918
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.5.10
Excerpt: ...no more than one month's dues of $10.  Are all memberships terminable without penalty with one month's notice or less?  If so, was that true during the entire class period? 2. The Court had asked whether any evidence supported the plaintiff's assertion that: “Defendant does not possess sufficient assets to pay an award of statutory damages exceeding [$750,000]. Accordingly, there is a 100 percent probability that the defendant could not p...
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...
2018.5.2 Demurrers 093
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.5.2
Excerpt: ...o authority was provided to the Court that a general allegation of ownership and/or control is insufficient for pleading purposes. A Complaint is not defective because of an allegation of joint ownership and control. (More v. City of San Bernardino (1931) 118 Cal.App. 732, 737. Gov. Code § 830(c).) Less particularity is required where the defendant may be assumed to possess knowledge superior to that possessed by the plaintiff. Finally, the Comp...
2018.5.2 Demurrer 759
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.2
Excerpt: ...chin (“Chernuchin”) arise out of an alleged breach of contract for failure to pay attorney's fees related to different litigation wherein Plaintiff Knez Law Group LLP (“Knez”) provided Chernuchin legal services. Chernuchin asserts that all four causes of action fail as a matter of law because Knez failed to allege that Chernuchin was provided with notice of her right to client fee arbitration. Knez asserts that the notice was served on Ch...
2018.5.2 Motion to Quash Service of Summons 893
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.5.2
Excerpt: ...ndant's right to appear in in the action, and a defendant has no right to participate in the proceedings until either his or her default is set aside or default judgment is entered. See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86. Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App....
2018.5.2 Motion to Quash Service of Summons 759
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.2
Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...
2018.5.2 Motion to Strike 044
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2018.5.2
Excerpt: ...ging that he increased the risk to himself and the public by driving while intoxicated and, despite this knowledge, defendant drove the vehicle which plaintiff alleges caused the accident. (Complaint, ¶¶ 11‐ 12.) Prevailing party to give notice. Prevailing party to give notice. ...
2018.5.2 Motion for Preliminary Injunction 511
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.2
Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...
2018.5.2 Motion for Preference 574
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.2
Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...
2018.5.1 Motion to Disqualify Counsel 629
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.1
Excerpt: ... section 1019.5, forthwith. The owners/partners of Saxony Land Company, LP (“Saxony”) are Plaintiff the Estate of Ross Mangano (“Estate”) and Defendant Martec Investments, LP (“Martec”). Defendant Martin Dolemo (“Dolemo”) is the manager of Martec Investments, LP. Saxony's First Amended and Restated Limited Partnership Agreement provided Mr. Mangano with a “Put” right, which is the subject of this case. Each of the parties to p...
2018.5.1 Motion to Disqualify 084
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.5.1
Excerpt: ......
2018.5.1 Motion to Compel Further Responses 754
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.5.1
Excerpt: ...cates that as of the date of the opposition, no policy is in defendant's possession and that it will produce the policy when in possession of it. Page 2 of 2 Demands 7, 18, and 19 (as to attorney client privilege and/or work product objections): Defendant failed to comply with C.C.P. §2031.240(b) and (c). Defendant did not identify with particularity documents falling within any category of item in the Demands to which the objection is being mad...
2018.5.1 Demurrer 021
Location: Riverside
Judge: Latting, James
Hearing Date: 2018.5.1
Excerpt: ... (“FAC”) alleges two causes of action against Defendant Coachella Valley Water District (“CVWD”) for declaratory relief and inverse condemnation. The FAC alleges that Rancho has approximately 80 mobile home spaces (out of 288 total spaces) which are either vacant or have on them uninhabited mobile homes which do not use sewer services. CVWD charges a monthly sewer fee for each space in the park regardless of whether the space is vacant or...
2018.4.9 Motion to Stay Action 883
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.4.9
Excerpt: ... of 2 The Supplemental Declaration filed by Plaintiff on April 4, 2018 and by Defendant Jayco, Inc. (Jayco) on April 5, 2018 were not considered on ground of their lack of timeliness. There is no dispute that the warranty included an Indiana State choice of forum provision because manufacturer Jayco, Inc. is located there. The relevant issues here is whether the provision should or should not be enforced because defendants waited too long to enfo...
2018.4.9 Motion to Compel Further Responses, Request for Production of Docs 753
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2018.4.9
Excerpt: ...to advance an interest that it and defendant Chambless shared in securing legal advice on a common matter. (OXY Resources California LLC v. Superior Court (2004) 115 Cal.App.4th 874.) The further responses of defendant Chambless shall be served on or before April 30, 2018. No sanctions are awarded in this discovery dispute in which plaintiff Daly and defendant Chambless both acted with substantial justification. The Court will complete and file t...
2018.4.9 Motion to Compel Deposition 469
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2018.4.9
Excerpt: ...tion as the City's PMQ on a mutually agreeable date no later than April 30, 2018. If the City chooses to produce only Mr. Smith, he shall come prepared with all information reasonably available to him on the topics in the deposition notice to which the defendant did not object. The City shall pay to plaintiffs monetary sanctions in the sum of $3,290. In addition, the City shall bear the cost of court reporter and videographer for the renewed PMQ ...

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