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9037 Results

Location: Riverside x
2024.07.15 Motion to Lift Arbitration Stay 721
Location: Riverside
Judge: Molloy, John D
Hearing Date: 2024.07.15
Excerpt: ...he arbitra tor issued an arbitration award on February 23, 2024 as it relates to the contract and ownership of the 80 solar panels provided by Plaintiff. Arbitrator issued an Award dated February 23, 2024, in favor of Tonoyan on the breach of contract claim. The Arbi trator issued a Clarification of the Award on April 11, 2024 ending the Arbitration. The arbitration did not include claims under the line. Plaintiff now moves the court to lift the...
2024.07.15 Motion to Compel Arbitration 614
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.15
Excerpt: ...quently to care for his sick father, but Defendant failed to inform Plaintiff of his right to take CFRA leave. On December 8, 2023, Plaintiff filed the Complaint alleging 1) whistleblower retaliation; 2) failure to pay wages at the time of separation; 3) waiting time penalties; 3) wrongful termination; 5) interference with the CFRA leave. Defendant now moves to compel arbitration and stay the proceedings pending arbitration pursuant to an arbitr...
2024.07.15 Motion for Reconsideration 135
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.07.15
Excerpt: ....) (Dr. French 's ex parte application was heard on 5/14/24. The motion for reconsideration was filed three days later on 5/17/24.) A party's motion for reconsideration must be based on new or different facts or circumstances of law. (Ibid.) A motion for reconsideration must be accompanied by an affidavit stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, ...
2024.07.15 Demurrer on FAC 666
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.07.15
Excerpt: ...ons in the FAC are at paragraphs 40 and 41, which allege that Defendants' inaction created a hostile environment to Plaintiff's psychological and emotional well -being. There is no allegation that either defendant threatened or committed a violent act. The FAC is still de ficient. As such, the Demurrer to this cause of action is sustained. Violation of Govt. Code § 11135 (Second Cause of Action) In ruling on the first demurrer, the court state...
2024.07.15 Anti-SLAPP Motion 998
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.15
Excerpt: ...a Residential Lease Agreement (“Lease”) with defendant Maham Corp. (“Maham”) to rent property located at 12860 Perris Blvd., Unit D -7 in Moreno Valley, where Trapp had lived for 24 years prior. The Lease contained two options to purchase the property. Trapp exercised both options to purchase the property, the first in 2018 for $110,000 and then a second in 2019 for $169,000, both of which Maham breached. Trapp filed a civil lawsuit see...
2024.07.15 Motion to Compel Further Responses 258
Location: Riverside
Judge: Molloy, John D
Hearing Date: 2024.07.15
Excerpt: ...) negligent repair. Trial is set for 9/6/24. *** Plaintiff now moves to compel further responses to requests for production nos. 28, 30 and 3435. Plaintiff complains that Defendant served boilerplate objections and the discovery is relevant. Plaintiff requests sanc tions of $2,780. Defendants contend they produced all responsive documents for Song -Beverly and there is no relevance. They argue there is no basis for sanctions. Plaintiff contends t...
2024.07.12 Petition to Vacate Arbitration Award 751
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.12
Excerpt: ... award. Clai mant alleged five specific negligent failures on the part of Respondents, to comply with standard of care in the medical community: Between April, 2020 and the end of December, 2020, Respondents fell below the applicable standard of care of specialty physi cians in the medical community, by: (1) failing to diagnose Claimant with a steroid allergy; (2) failing to cease prescribing steroids for Claimant's complaints; (3) failing to r...
2024.07.12 Motion for Recovery of Fees, Costs, and Approval of Proposed Judgment 964
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.07.12
Excerpt: ...t is notable t hat Plaintiffs' counsel mailed the purported claim to an address that is not VALLEY -WIDE's business address. (See Exhibit 4 to FAC.) (Compare address on VALLEY -WIDE's official website.) Page 3 of 5 A prevailing defendant in a FEHA action may be awarded fees and costs only when the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. (Go...
2024.07.12 Motion for Protective Order 039
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.07.12
Excerpt: ...ive to require any depon ent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document….” (Code Civ. Proc., § 2025.280(a).) Where the deponent is not a natural person, the deposition no tice must “describe with reasonable particularity the matters on which examination is requested,” in which event, “the deponent shall designate and produce a...
2024.07.12 Motion for Preliminary Injunction 855
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.07.12
Excerpt: ... motion for preliminary injunction must show (1) a probability of prevailing on the merits, and (2) that the balance of hardships favors issuance of the injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demon strate a real threat of immediate and irreparable injury.” (Triple A. Machine Shop, Inc. v. State of California (1989) 213 Cal.App.3d 131, 138.) “[A]n injunction is an unusual o...
2024.07.12 Demurrer, Motion to Strike 672
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.07.12
Excerpt: ...end. Overrule the Demurrer to the sixth cause of action as to the rest of the plaintiffs. Overrule the Demurrer to the seventh cause of action. First Cause of Action for Harassment: City is correct that the bulk of the allegations at issue are for official employment action – denying leave requests, denying overtime, denying request for accommodation, denying medical treatment, and informing Plaintiffs that they cannot take last minute vacation...
2024.07.12 Demurrer to FAC 597
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2024.07.12
Excerpt: ...ims Act to sta te causes of action, however, the Supremacy Clause of the United States Constitution does not permit the claimfiling requirements of the Government Claims Act to federal civil rights causes of action. California courts have repeatedly reaffirmed the consti tutionality of the Government Claims Act as to state causes of action. (See Williams v. Horvath (1976) 16 Cal.3d 834, 842; Maisel v. San Francisco State University (1982) 134 Ca...
2024.07.11 Demurrer, Motion to Strike 690
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2024.07.11
Excerpt: ...s not expre ssly require Plaintiff to split his claims into separate causes of action, Plaintiff should set forth the different theories into separate counts to facilitate the adjudication of their validity. Moreover, as pointed out by Defendant, this cause of action asserts some allegations against Anderson only, and some allegations against Defendants jointly, rendering the cause of action uncertain. The fourth cause of action for fraud does no...
2024.07.11 Demurrer, Motion to Strike 172
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2024.07.11
Excerpt: ... not show individual liability for defendant Charles and Ana Singleton. As noted by Defendants, pursuant to the Sham Pleading Doctrine, the allegations of Plaintiff's First Amended Complaint should be read into the Second Amended Complaint. There, Plaintiff only m ade conclusory allegations of alter ego on “information and belief”. “[A] pleading made on information and belief is insufficient if it “merely assert[s] the facts so alleged wi...
2024.07.11 Petition to Vacate Contractual Arbitration Award 087
Location: Riverside
Judge: Hodgkins, James F
Hearing Date: 2024.07.11
Excerpt: ... are: that “[t]he award was procured by corruption, fraud or other undue means”; and that “[t]he arbitrator exceeded their powers and the award could not be corrected without affecting the merits of the decision upon the controversy submitted.” (CCP § 1286.2(a)(1), (4).) In order to succeed in having an arbitration award vacated, a party must demonstrate that the ground for vacating the award is supported by CCP § 1286.2 and that the pa...
2024.07.11 Motion for Summary Judgment, Adjudication 465
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.07.11
Excerpt: ...h its reply papers. (San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) The court has discretion to consider new evidence in reply papers in ruling on a summary judgment motion, provided the other party had notice and an opportunit y to respond. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8; Severin Mobile Towing, Inc. v. JP Morgan Chase Bank, N.A. (2021) 65 Cal.App.5th 292, 308.) Here, Plaintif...
2024.07.11 Motion to Compel Further Responses 949
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.11
Excerpt: ...and Motion to Compel CVMV2402949 MIRANDA vs UNITED FINANCIAL CASUALTY COMPANY Respondent United Financial Casualty Company Notice of Motion and Motion to Compel Tentative Ruling: Respondent United Financial Casualty Company's Notice of Motion and Motion to Compel This is an underinsured motorist action. On or about March 2, 2022, Claimant Alejandra Miranda was involved in an automobile accident at the intersection of Watkins Drive & Mt. Verno...
2024.07.10 Motion for Summary Judgment, Adjudication 272
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.10
Excerpt: ... confirming he was incap acitated from July 15, 2021 through October 3, 2021. On August 19, 2021, Defendant approved a medical leave of absence. On September 21, 2021 and December 22, 2021, Plaintiff provided medical notes regarding his expected return to work with the need to be on “light duty” for one month. Plaintiff alleges he was on approved leave, but on January 10, 2022, Defendant sent Plaintiff a letter stating his medical leave had ...
2024.07.10 Motion for Summary Judgment on FAC 224
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.10
Excerpt: ...ood Aluminum Products, Inc., CVRI2300147, in which Plaintiff, individually and derivatively on behalf of Fleetwood, asserts 9 causes of action against Fleetwood and Defendants, Janice McCoy, Mica Gumbleton, Mara McCoy Cartier, and Michele Davis (the “Employment Action”). On January 4, 2024, the Court in that action granted Fleetwood's motion to compel arbitration as to Plaintiff's individual claims only. On February 2, 2024, Defendant filed ...
2024.07.10 Motion for Summary Judgment 351
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.07.10
Excerpt: ...– only fou r and five days before the hearing, respectively. No memorandum of points and authorities was filed at all. Under CCP §437c(b)(2), all opposition papers must be served on the moving party and filed with the court at least 14 days before the date set for he aring on the motion, unless the court shortens the time for good cause shown. Here, no good cause has been shown and the court did not shorten the time required to file an opp...
2024.07.10 Motion for Attorney Fees 751
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.07.10
Excerpt: ...can Honda Motor Co ., Inc. (“Defendant” or “AHM”) and Cathedral Spartan, LLC dba Acura of the Desert for violations of the Song -Beverly Consumer Warranty Act (“Song Beverly Act”) and fraud. Plaintiff alleges that in June 2020, she purchased a certified pre -owned 2017 Acura M DX (the “vehicle”) that was manufactured by Defendant. (Complaint at ¶¶ 17, 25 -26). Defendant provided an express warranty and an implied warranty of me...
2024.07.10 Motion for Attorney Fees 065
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2024.07.10
Excerpt: ...d].) Paragraph 4(k) of the Agreement, however, provides that “[e]ach of the parties shall bear their own attorney's fees and costs incurred in connection with the subject matter of this Agreement.” (Id.) The Agreement also included an Unconditional Guaranty of Payment and Performan ce (“Guaranty”), which provides in relevant part: “In addition to the amounts guaranteed under this Guaranty, [RV] agree[s] to pay (i) all of [Lev's] attorne...
2024.07.10 Demurrer, Motion to Strike 971
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2024.07.10
Excerpt: ...orded with the County of Riverside on January 4, 2007, Document Number 2007 -0007706. a true and correct copy of which is attached hereto as Exhibit 1. 2. Assignments of Deed of Trust, recorded with the County of Riverside on November 19, 2010, and September 5, 2017 , Document Numbers 2010- 0559746 and 2017 - 0368171, true and correct copies of which are attached hereto as Exhibits 2 -3. 3. Trust Transfer Deed [Quitclaim Deed] from Maxine Gilliam...
2024.07.10 Demurrer, Motion to Strike 961
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2024.07.10
Excerpt: ... filed the complaint (the “Complaint”) in the present action on February 15, 2023 against defendants DHSO, Inc.; DHSL LLC; and DHSE, Inc. (together, “Defendants”). Plaintiffs allege they separately went for massages at Miracle Springs Resort and Spa (the “Resort”), which is alleged to be owned and operated by Defendants. The assigned massage therapist, Francisco Terredanio III (“Terredanio”), engaged in unwanted and offensive sex...
2024.07.10 Demurrer on FAC 474
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.07.10
Excerpt: ...laintiff slipped on a greasy pizza box and fell at least six stairs causing serious injuries. On October 10, 2023, Plaintiff filed her Complaint against the Garage and the City of Riverside (“City”). She asserts two cause of action for: (1) Negligence —Premises Liability; and (2) Acts and Omission of Public Employees within the Scope of Employment. The City now demurs to the second cause of action against it. The City argues that a pizza b...

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