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8431 Results

Location: Riverside x
2024.03.19 Motion to Compel Responses 508
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.19
Excerpt: ...oe 1 in the c ity of Corona, where he was working as a construction worker. Plaintiff alleges that Defendant Robertson Ready Mix, Ltd. (“Defendant”) employed Doe 1 with foreknowledge that he was a dangerous person with a propensity towards violence. Plaintiff alleges th at Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. As a result, Plaintiff allegedly suffered injuries to...
2024.03.19 Demurrer on TAC 162
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.19
Excerpt: ...future strok es. Decedent received home health care services by defendant Equanimity Hospice & Palliative Care (“Equanimity”), where lead care was designated to defendant David Fukada, M.D. (“Dr. Fukada”). Decedent ran out of Xarelto, and Defendants had failed to deliv er a refill despite repeated requests for a refill. Decedent suffered a massive stroke and died on December 28, 2018. Plaintiffs allege the failure to provide necessary m...
2024.03.19 Motion to Compel Responses 351
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.19
Excerpt: ... if needed, w ithout objections within 30 days of service of notice (CCP § 2031.310). Motion is denied as to RPD No. 24 and RPD No. 30 is limited to other vehicles of the same year, make and model. Moving party to provide notice pursuant to CCP § 1019.5. Plaintiff, Jose Fabian Hernandez, Jr., alleges that on 7/23/22, he purchased a 2022 Land Rover Range Rover, which was a certified pre -owned (CPO) vehicle with a new and full CPO warranty, whi...
2024.03.18 Motion to Stay Enforcement of Judgment 590
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.18
Excerpt: ...ar ended another vehicle. Her husband, Plaintiff Nathan Joseph Drake (“Drake”) was asleep in the passenger seat. After this collision, a semi- truck owned by Defendant Barrillas Trucking, Inc. (“BTI”) and driven by Defendant Jose Luis Cuellar Beltran (“Beltran”) collide d with Manthey's car forcing it into the adjacent lane where it collided with a vehicle driven by Defendant Daniel Armand Padilla (“Padilla”). Manthey and Drake (c...
2024.03.18 Motion to Quash Deposition Subpoenas 396
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.18
Excerpt: ...nli Xu (“Plaintiff”) resides in China and has familial ties with defendants Shuxia Kang's (“Kang”), Guoning Li (“Li”) and Si Liu (“Si”)(collectively “Defendants”). Kang is the sister of Plaintiff's late husband. Kang and Li are married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, the parties discussed investing in real estate in the Un...
2024.03.15 Peremptory Writ of Mandate 832
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.15
Excerpt: ...te from the court compelling the city to initiate and pay for an independent audit. (Petition, ¶24.) In the second cause of action petitioner seeks a writ compelling annual public reports of the management, accounting, and expenditures of development impact fees. (Petition, ¶29.). The third cause of action seeks a writ compelling the City to make five -year findings under section 66001(d). (Petition, ¶34.). The fourth cause of action is for ...
2024.03.15 Motion to Dismiss 368
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.15
Excerpt: ...s stayed pending the resolution of CVPS2200167. With respect to Moving Party's request to issue an OSC re contempt against the City and its officials, the Court denies the request. Given that there is no injunction to enforce and the Ordinance at issue has been re pealed, the Court finds no good cause to issue a hearing for a contempt order. CVPS2200167 With respect to the Writ Petition concerning Ordinance 1189, the Court orders the parties to ...
2024.03.15 Motion for Summary Judgment, Adjudication 250
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.03.15
Excerpt: ...f action —there appears to be no adverse employment action. Burger King argues that establishing that Evelyn could not hire, train, fire, and did not set Plaintiff's schedule establishes that Evelyn was not a supervisor under Government Code § 12926(t). However, t his assertion lacks merit. Under Government Code § 12926(t) it provides several categories of conduct that meets the definition of supervisor. Those categories are: (1) having the...
2024.03.14 Motion to Enforce Settlement Agreement 643
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.14
Excerpt: ...mounts, and is reluctant to accept the funds because of a potential fee dispute (¶ 16), as hearsay, as well as lacking foundation and personal knowledge. The statements are hearsay and do not appear to fall within any exception, so the objections are sustained. II. C.C.P . § 664.6 C.C.P. section 664.6 provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before th...
2024.03.14 Motion to Compel Production of Docs 866
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.14
Excerpt: ... 30 days o f this order. Denied as to RFP Nos. 1, 9, 12, 14, 30, and 31. This is a lemon -law action under the Song -Beverly Consumer Warranty Act. Plaintiffs allege that, on May 30, 2022, they purchased a 2022 Volkswagen Atlas, which came with warranties by which Defendant “warranted the subject vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs' vehicle or to provide compensation if there was a failure in such...
2024.03.14 Motion for Summary Adjudication 600
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.14
Excerpt: ...2 as a State Park Aid at Salton Sea State Recreation Area (“Park”). Plaintiff alleges that her supervisor, Wanda Freeman (“Freeman”), informed her that she was required to purchase a uniform including green pants. Plaintiff purchased green pants recommended by coworkers; howev er, the pants allegedly caused Plaintiff's psoriasis to become inflamed causing discomfort and difficulty walking. Plaintiff visited her doctor who recommended alt...
2024.03.14 Motion for Protective Order 492
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2024.03.14
Excerpt: ... court to generally issue a protective order if: (1) the discovery “is unreasonable cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive”; or (2) the discovery “is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.” Of course, a plaintiff must be a member ...
2024.03.13 Motion for Approval of PAGA Settlement 369
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2024.03.13
Excerpt: ... Advanced Frami ng Structure, Inc. (“Advanced Framing”) and Jose Rodarte (“Rodarte”) (collectively “Defendants”) as a fulltime non -exempt carpenter. He contends that while employed by Defendants, he was not paid for all the hours he worked and he was not provided with res t breaks. He asserts that after suffering a back, waist, and spinal injury, his medical provider placed him under work restrictions limiting his driving distances t...
2024.03.13 Application for Writ of Possession 671
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.13
Excerpt: ...he action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a...
2024.03.13 Motion to Strike, Demurrer 319
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.13
Excerpt: ... her oper ative First Amended Complaint (“FAC”) against Defendants Extended Stay America, Inc.; ESA Management, LLC; Extended Stay America – Palm Springs – Airport; Chris Mushrush; Brendon Doe; Annie Doe; and Orkin, LLC (collectively, “Defendants”), alleging (1) bat tery, (2) negligence, (3) intentional infliction of emotional distress (“IIED”), (4) fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach...
2024.03.13 Motion for Leave to Intervene 393
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.13
Excerpt: ...laint on 3/ 22/23 alleging two causes of action: 1) motor vehicle negligence; and, 2) general negligence. Defendant -in -Intervention, State Farm Mutual Automobile Insurance Company (State Farm), brings this motion for leave to intervene in this action as the commercial automobile insurer for Defendants, WE, S Corp dba Melissa Morgan Fine Art and Christopher Connelly (an employee), in order to dispute the issues of liability and damages against i...
2024.03.13 Motion for Summary Judgment 061
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.03.13
Excerpt: ... expert testimo ny to create a triable issue of fact regarding either the standard of care or the causation of her injuries. (Hakhamian Dec.) A dentist is required to have and to use that degree of learning and skill ordinarily possessed by dentists of good professional r eputation practicing in the vicinity. (Barham v. Widing (1930) 210 Cal. 206, 213). Failure to use such ordinary skill and care in the application of such knowledge renders a den...
2024.03.12 Motion to Substitute New Counsel 219
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.12
Excerpt: ...nt agreed to provide additional funding subject to certain conditions. Ultimately, problems insured and Plaintiffs allege that Defendants failed to fund the construction loan, resulting in the project coming to a standstill. The complaint, filed on 6/23/23, showi ng Kevin Monson as attorney for Plaintiffs, and he is the attorney of record in this lawsuit, asserts (1) breach of contract; (2) promissory estoppel; (3) unfair business practices; and...
2024.03.12 Motion to Quash Deposition Subpoena 015
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ... This is a civil rights violation case arising out of alleged veterans' discrimination in a real estate transaction. Plaintiffs move for an order quashing and/or limiting the Deposition Subpoena for Production of Business Records served by Defendants on DIR -Divisio n of Workers' Compensation on 12/20/23 for the records of Mark Baird. In addition, Plaintiff seeks sanctions of $2,000. Plaintiffs assert the subpoena is impermissibly broad and viola...
2024.03.12 Motion to Compel Further Responses 256
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ... on June 22, 2022. On August 12, 2022, Plaintiff Willie Anthony Conant Jr. (“Plaintiff”) filed a Complaint against Defendants Jonner Transportation Inc. (“Jonner”), Angel Martin Anaya Martinez (“Martinez”), and Does 1 to 50, alleging (1) motor vehicle and (2) gene ral negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment w...
2024.03.12 Demurrer 035
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.12
Excerpt: ...nts Ford Motor Co mpany (“FMC”) and Palm Springs Motors, Inc. (“Palm Springs”) for: (1) Violation of Civil Code § 1793.2(d) [v. FMC]; (2) Violation of Civil Code § 1793.2(b) [v. FMC]; (3) Violation of Civil Code § 1793.2(a)(3) [v. FMC]; (4) Breach of the Implied Warranty of Merchantability (Civil Code §§ 1791.1, 1794 and 1795.5) ]v. FMC]; (5) Negligent Repair [v. Palm Springs]; and (6) Fraudulent Inducement – Concealment [v. FMC]. ...
2024.03.11 Motion to Compel Further Responses 687
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.11
Excerpt: ...sentation of i nability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) CCP §2031.240(b)(1) provides that if a responding party objects to a demand that they “shall” “[i]dentify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being m...
2024.03.11 Motion to Compel Further Responses 016
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.03.11
Excerpt: ...ions within 30 days of service of notice (CCP § 2031.310). RFP Nos. 1 –3, 7, 9, 12, 17, 18, 24, 40, 41, 51, 54, 56, 57, 74, 84, and 85 are denied without prejudice as moot. RFP Nos. 46, 82 and 83 are denied. Plaintiff to provide notice pursuant to CCP 1019.5. Th is is a lemon law case. On March 28, 2019, Plaintiff John Escano (“Plaintiff”) purchased a 2019 Honda Pilot, which was manufactured and distributed by Defendant American Honda Moto...
2024.03.11 Demurrer, Motion to Strike 135
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.03.11
Excerpt: ...ave to Amen d within 20 days. While Defendant demurs to the 2nd cause of action, it is not asserted against her —only Corona Regional. The only cause of action asserted against her is the constructive fraud claim. “Constructive fraud ‘arises on a breach of duty by one in a confidential or fiduciary relationship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be s...
2024.03.11 Demurrer 189
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2024.03.11
Excerpt: ...rmities during t he warranty period, including engine and body defects. On five occasions, Plaintiffs delivered the Subject Vehicles to authorized repair facilities, including Defendant Saul Chevrolet, Inc. dba Cardinaleway Volkswagen (“Cardinaleway”). Plaintiffs allege th at Defendants were unable to repair the defects, but refused to repurchase the Subject Vehicle in compliance with the Song Beverly Act. On 1/12/24, Plaintiffs filed their...

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