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2022.11.07 Motion to Compel Responses 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.07
Excerpt: ...ly June 2005 until April 2017, with her family, including her minor aged children, Veronica Juarez resided at the Rancho Palms Mobile Home Park (“Rancho Palms”) in the city of Rancho Mirage. Defendant, City of Rancho Mirage, forced Ms. Juarez and her family to vacate her home of 12 years after Defendants destroyed Rancho Palms, all of Rancho Palms' mobile homes, and ejected 126 low‐income families, the vast majority of whom were Hispanic. D...
2022.11.04 Motion to Set Aside Default 460
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.04
Excerpt: ... 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement by failing to make the monthly payment, and continues to fail to make any further payments. Ba...
2022.11.03 Motion for Interlocutory Judgment of Partition 685
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.03
Excerpt: ...rie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. Rappaport. Plaintiff alleges he has been deprived of the use of the subject property and that sale is preferred because physically dividing the subject property cannot occur because there is a...
2022.11.01 Motion to Quash or Limit Subpoena 099
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ... with this order to be produced within 45 days of this order becoming final. Intervenor Riemer to provide notice pursuant to CCP 1019.5. The operative complaint filed on January 3, 2022 alleges Plaintiff Jay Rein (“Rein”) is the son of Sheila Riemer (“Sheila”), who died on October 7, 2021. (Complaint, ¶ 1.) Alvyn Riemer (“Alvyn”) is Rein's stepfather and was married to Sheila from 1986 until she died. (First Amended Complaint in Inte...
2022.11.01 Motion to Compel Deposition, for Sanctions 037
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ... order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. On September 23, 2021, a Complaint for Damages was filed in this wrongful termination action alleging causes of action for: (1) Disability Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); (2) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Re...
2022.11.01 Motion for Attorney Fees 326
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ...el same date. Plaintiff filed his Complaint on 11/24/21 alleging three causes of action: 1) intentional misrepresentation regarding zoning; 2) declaratory relief and restitution regarding the purchase transaction; and, 3) breach of the purchase agreement. On 6/21/22, the Court sustained Seller Defendants' demurrers to each of the three causes of action, without leave to amend. The 7/18/22 Judgment provided that each Seller Defendant is a prevaili...
2022.10.31 Motion to Change Venue, Petition to Compel Arbitration 372
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.31
Excerpt: ... underlying legal action involved property in Imperial County and the legal proceedings were filed in the Superior Court of Imperial County, the obligations were to be performed in Imperial County, making it the proper venue under Cal. Code Civ. Pro. §395. Plaintiff alleges a breach of contract. Plaintiff Jose Luis Fuentes (“Plaintiff”) is a licensed attorney. On June 19, 2019, Defendant Carmen Hammond (“Defendant”) retained Plaintiff by...
2022.10.27 Demurrer to FAC 172
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.27
Excerpt: ...ide] (“Defendant County”) Deputy James Knudsen (“Defendant Knudsen”), and Deputy S. Garcia (“Deputy Garcia”). On 8/24/22, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action (COA) for: (1) False Arrest/False Imprisonment; (2) Use of Excessive Force; and (3) Bane Act Violations pursuant to California Civil Code, section 52.1. On 9/6/22, Plaintiff dismissed the second and third COA and Defendant Deputy Garcia...
2022.10.26 Motion to Vacate or Set Aside Default, Judgment 243
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.26
Excerpt: ...hem. However, as will be discussed below, the default is void as a matter of law because the California Secretary of State did not serve Defendants Collect Access and Zee Law Group until April 29, 2021. Defendants did not receive service of process until May 3, 2021. Defaults were entered against Defendants on May 3, 2021. Defendants moved to set aside the entry of default but the Court denied the Motion on July 29, 2021. Default judgment was ent...
2022.10.25 Motion to Compel Arbitration 996
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ntered into a warranty contract regarding the subject vehicle, that included several warranties, including bumper‐to‐bumper, powertrain and emissions warranties. Plaintiffs allege that during the warranty period, the subject vehicle developed defects or nonconformities, including electrical system defects, transmission defects and engine defects. Plaintiff alleges that all 2017 Dodge Page 4 of 7 Durangos are equipped with defective transmissi...
2022.10.25 Demurrer to FAC 136
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ion (COA): (1) disability discrimination (failure to hire); (2) “failure to hire in violation of public policy;” (3) failure to provide reasonable accommodations; (4) disability discrimination (disparate impact); (5) failure to engage in the interactive process; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. On August 9, 2022, Plaintiff filed a First Amended Complaint (“FAC”). Plainti...
2022.10.25 Demurrer 900
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ce came to their home looking for a family member who does not live there. They allege that several deputies' actions violated training, procedures, and protocol while in the course and scope of their duties; acted in a negligent or intentional manner and were the cause of Plaintiffs' injuries. Plaintiffs filed their form Complaint on 3/4/22 alleging a single cause of action for general negligence against Defendant, County of Riverside. The Compl...
2022.10.24 Motion to Compel Production of Docs 562
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.24
Excerpt: ... moving party in the amount of $561.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Page 5 of 6 Plaintiff, R.P. Insurance Services, Inc. dba Rosalio Plata Ins. Svcs., alleges that its original shareholder was Rosalio Plata (Sr.), now deceased, who transferred all outstanding shares to his son, Rosalio Plata (Jr.) and his daughter, Denis...
2022.10.24 Motion for Attorney Fees 325
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.24
Excerpt: ...ntered into the following agreements: 1. Asset Purchase Agreement (“APA”); 2. Non‐ Compete Non‐Solicit (“NCNS”) Agreements entered into on 5/26/20, 4/1/20, and 6/1/20; 3. Independent Consulting Agreement (“ICCA”) executed on 4/1/20. Plaintiffs allege defendants breached the agreements by soliciting former clients and by disparaging plaintiffs. Plaintiffs also allege defendants misrepresented the value of the accounts sold to them;...
2022.10.21 Motion to Vacate Order Striking Answer 212
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.21
Excerpt: ...s reinstated. Moving party to provide notice pursuant to CCP 1019.5. On September 27, 2021, Plaintiffs Robert Preston Beach‐Barrow, in and through his Successor‐InInterest Duane Beach‐Barrow and Duane Beach‐Barrow (“Plaintiffs”) filed a Complaint for Damages against Defendants California Nursing and Rehabilitation Center, dba CNRC, LLC (“CNRC”), Brius Management Co. (“Brius”), John Black, and Shlomo Rechnitz, alleging (1) elde...
2022.10.21 Motion to Compel Production of Docs, for Contempt 431
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.21
Excerpt: ...uant to CCP 1019.5. This is a class action wage and hour case combined with a sexual harassment/wrongful termination claim by the named plaintiff. Plaintiff Fidel Torres (“plaintiff”) was employed by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He alleges that co‐worker, Steven Young (“Young”) made sexually explicit comments and g...
2022.10.20 Motion for Relief from Waiver of Discovery Objections 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.20
Excerpt: ...ver of objection to the Request for Document Production, Set 2. It contends that RFP 2 was not properly served. It further asserts that substantially compliant responses have been served and the failure to serve the written objections was the result of mistake, inadvertence or excusable neglect as counsel relied on staff to calendar discovery responses but was not served with the discovery as requested by the electronic service agreement. In Oppo...
2022.10.19 Demurrer to FAC 946
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.19
Excerpt: ...ity of Rancho Mirage (the “City”). The original complaint set forth causes of action for (1) dangerous condition of public property and (2) general negligence. On July 28, 2022, the court sustained the City's demurrer to the second cause of action with leave to amend. Plaintiff filed the operative first amended complaint on August 17, 2022. Plaintiff alleges that on December 18, 2020, he was walking on a walkway located at Frank Sinatra Dr. n...
2022.10.18 Demurrer, Motion to Strike 907
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.18
Excerpt: ...Volvo Car USA, LLC (erroneously sued as Volvo Cars of North America, LL) (“Volvo”) and Volvo Cars Palm Springs (erroneously sued as Palm Springs Volvo) (“VCPS”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on April 19, 2022. The FAC set forth seven causes of action (COA): (1) violation of Civ. Code § 1793.2(d) (against Volvo); (2) violation of Civ. Code § 1793.2(b) (against Volvo); (3) violation of Civ....
2022.10.17 Motion to Bifurcate SAC 377
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.17
Excerpt: ... Rivera and Ramiro Rojas claim Mr. Aguilar was negligent in failing to add Plaintiff Rivera to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No....
2022.10.14 Demurrer, Motion to Strike 780
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.14
Excerpt: ... checked out, and on 6/4/18 a doctor confirmed she had bedbug bites. The complaint alleges one prior bedbug lawsuit against the same hotel and one warning on a travel site; it also explicitly alleges that defendant “failed to eradicate a prior bedbug infestation of Plaintiff' s room.” (Complaint, ¶ 24, emphasis added; ¶ 33 [“Defendants, and DOES 1 through 20, rented the room to Plaintiff despite having knowledge, as of May 25, 2018, that ...
2022.10.12 Motion to Set Aside Default, Judgment 732
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.12
Excerpt: ..., and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the parties occurred in Imperial County.” (Defs.' Mot. to Dismiss 1.) On Jul...
2022.10.12 Demurrer to FAC 585
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.12
Excerpt: ...alleges 16 causes of action (COA) for 1) sexual assault, 2) sexual battery, 3) sex discrimination, 4) quid pro quo sexual harassment, 5) retaliation, 6) whistleblower retaliation, 7) failure to prevent discrimination, harassment and retaliation, 8) wrongful termination, 9) failure to provide meal and rest breaks, 10) waiting time penalties pursuant to Labor Code §§ 201‐203, 11) UCL violations, 12) failure to permit inspection of personnel and...
2022.10.11 Motion to Quash Service of Summons 963
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.11
Excerpt: ...ino which caused her to fall down an escalator. The complaint was filed on 11/24/21 alleging causes of action for general negligence and premises liability. In the instant motion, Defendant moves to quash the service of summons claiming the Court lacks jurisdiction as tribes are sovereign and immune from suit. It contends it has not waived sovereign immunity and that its Tort Liability Code preserves the immunity and sets forth the procedure to m...
2022.10.10 Motion to Set Aside Default and to Reinstate Answer 396
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.10
Excerpt: ...rd Page 10 of 26 in Las Vegas, Nevada. Plaintiff paid $20,000 to Marilyn Louise Ball dba Las Vegas Walk of Stars and $5,000 to Pablo Antonio Castro Zavala dba Stars Productions Las Vegas. The remaining $3,000 was to be paid after the star dedication ceremony. On January 18, 2020, Plaintiff was informed that her star dedication ceremony would take place on May 18, 2020. Due to the pandemic, this did not occur. She never received a star and eventua...

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