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2403 Results

Location: Riverside x
2020.07.06 Motion to Quash Non Party Deposition Subpoenas 301
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion for Approval of Representative Action Settlement 803
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 809
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Demurrer 726
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.06 Motion for Leave to File Amended Complaint 926
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2020.07.06
Excerpt: ......
2020.07.02 Motion to Strike 135
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2020.07.02
Excerpt: ...o the 1st and 2nd causes of action only; 2) add Sonia Angell in her official capacity as Director of the California State Department of Health; 3) to fix any clerical errors. State Defendants' request for judicial notice. Granted pursuant to Evidence Code Section 452(d). Procedural history regarding this motion is noted that on 1‐23‐20, the court sustained State Defendants' demurrer to the First Amended Complaint (FAC) with leave to amend as ...
2020.07.02 Demurrer, Motion to Strike 696
Location: Riverside
Judge: Gregory, David
Hearing Date: 2020.07.02
Excerpt: ...ke the court's power to grant writ relief. (Synergy Project Mgmt., Inc. v. City & County of San Francisco (2019) 33 Cal.App.5th 21, 30.) Under Code Civ. Proc., §1086, a petition warrants writ relief only if brought by a “party beneficially interested” when there is no plain, speedy, and adequate remedy in the ordinary course of law. (Id.) A petitioner is “beneficially interested” in the issuance of a writ of administrative mandamus when ...
2020.07.01 Motion for Attorneys' Fees 514
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2020.07.01
Excerpt: ...s they are immaterial to resolution of this motion. The motion for attorney's fees is GRANTED IN THE REDUCED AMOUNT OF $70,335. The Court declines to rule on the request for costs as there is a motion to tax set for August 10, 2020. The matter of reasonableness of a party's attorney fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Fee motions should be based on detailed ...
2020.07.01 Demurrer 015
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.07.01
Excerpt: ...ieves that the employee disclosed or may Page 3 of 4 disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that th...
2020.06.30 Motion to Compel Answers at Deposition 677
Location: Riverside
Judge: Lucky, Jackson
Hearing Date: 2020.06.30
Excerpt: ...iff blamed Defendant Thompson's conduct for her subsequent pregnancy (by another person). This question necessarily involves sexual conduct under Code of Civil Procedure section 2017.220. Counsel's explanatory remarks after the question make clear that counsel wanted to know whether Plaintiff blames Defendant Thompson for dangerous sexual activities and pregnancy. Plaintiff's cousin's and aunt's identities (69:4‐71:1, 74:8‐75:3, 107:15‐109:...
2020.06.30 Demurrer 000
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2020.06.30
Excerpt: ...nerally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. Absent an applicable statute, the law does not require one to act as a “Good Samaritan.” (Regents of Univ. of Calif. v. Sup. Ct. (Rosen)(2018) 4 Cal.5th 607, 663‐664.) However, the law does impose a legal duty to affirmatively act to protect someone else from danger or to control the conduct of a third person if there is a “sp...
2020.06.30 Motion to Quash Service of Summons 041
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2020.06.30
Excerpt: ... does not take issue with Fitch's discovery responses concerning the issue of jurisdiction. Yet, Plaintiff intends on obtaining discovery responses from all Defendants concerning the issue of jurisdiction before determining whether Fitch had minimum contacts in California. However, Fitch is the best source of information concerning his connections, if any, with California. Plaintiff does not explain what discovery he could obtain from the remaini...
2020.06.30 Petition for Preliminary Injunction 353
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2020.06.30
Excerpt: ...position in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Preliminary Injunction to the Court within 5 days. (Cal. Rules of Court, Rule 3.1150.) Plaintiff demonstrated a reasonable probability of prevailing on some of his claims. A. Negligence Plaintiff may succeed on a claim for negligence. As a general rule, a financial institution owes no duty of care to a borrower ...
2020.06.29 Motion for Attorneys' Fees, Joinder 468
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2020.06.29
Excerpt: ...urt will begin by reciting the core facts and procedural history of this litigation. On or about September 26, 2019, counsel for petitioner “Save Rancho Mirage” sent a letter to respondent City of Rancho Mirage raising concerns, including environmentally‐related concerns, about a proposed “In‐N‐Out Burger” restaurant (hereafter “the Project”) to be built in the Rancho Las Palmas Shopping Center in Rancho Mirage. According to the...
2020.06.29 Demurrer 015
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.29
Excerpt: ...ntiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A court considering a demurrer must assume the truth of all facts properly pled, fac...
2020.06.26 Motion to Tax Costs 618
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2020.06.26
Excerpt: ... is a premises liability/personal injury case. Plaintiff Patricia Pelton (“Plaintiff”) was employed by Defendant CI Security Services, Inc. (“CISS”) as a security guard for Defendant Empire Polo Club (“Empire”), which was managed by Defendant Haagen Company LLC (“Haagen”). On September 23, 2016, as Plaintiff was closing a heavy security gate, the gate fell on her causing serious injuries, although the extent of the damage was cont...
2020.06.26 Motion for Approval of PAGA Settlement 379
Location: Riverside
Judge: Chapman, David
Hearing Date: 2020.06.26
Excerpt: ...CL violation, and 9) PAGA penalties. Only the 9th cause of action for PAGA penalties is brought in a representative capacity on behalf of current and former employees of Defendant RMC Construction. Plaintiff seeks court approval of his PAGA settlement. The terms of the settlement are as follows: Defendant to pay a total of $102,500 to settle both Plaintiff's individual claims and the PAGA claim. These sums to be distributed as follows: $ 6,000 Cl...
2020.06.25 Petition to Compel Arbitration 409
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.25
Excerpt: ...]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of ...
2020.06.25 Demurrer 305
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2020.06.25
Excerpt: ...cted class and CDCR's actions, instead focusing on the officer's conduct as the discriminatory action. For Whistleblower Retaliation, Plaintiff has failed to exhaust administrative remedies since her pre‐litigation claim does not apprise CDCR of CDCR's alleged unlawful actions. For Harassment and Failure to Prevent Harassment, there are no allegations that CDCR knew or should have known about the harassment, and since the underlying claim fails...
2020.06.24 Right to Attach Order, Issuance of Writ of Attachment 226
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2020.06.24
Excerpt: ...o discuss whether they would be willing to stipulate to agree that the issue of whether the guaranty was signed by the defendant may be bifurcated and tried to the court without a jury. Analysis: The plaintiff's request for judicial notice of public records is relevant to issue of the signatures used by the defendant. The evidentiary objections on the ground of hearsay are sustained to the extent the declarant relies upon the contents of the plai...
2020.06.23 Motion for Attorneys' Fees 458
Location: Riverside
Judge: Chapman, David
Hearing Date: 2020.06.23
Excerpt: ...aws regarding fair and affordable housing. After negotiations the parties entered into a stipulated settlement, wherein Petitioners assert they achieved nearly all of the relief sought in their petition, including a judgment ordering the City to adopt a Fifth Cycle Housing Element regarding zoning and the General Plan to accommodate lower‐income housing and to engage in robust public participation efforts when it adopts a four‐year revision t...
2020.06.22 Motion to Strike, to Compel Further Responses 962
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2020.06.22
Excerpt: ...the motion to strike the demand for attorney fees for reasons detailed below. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Charles Dale Sacks and Debra Jean Sacks (“Plaintiffs”) filed the complaint in this action on December 4, 2019, and, following a previous motion to strike, the operative first amended complaint (“FAC”) on March 5, 2020, against defendants Margaret McCoy (“McCoy”), Jennifer Pacheco (“Pacheco”), Coldwell Banker Associ...
2020.06.22 Motion to Strike 231
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2020.06.22
Excerpt: ...allegations because the facts of that case bear no similarity whatsoever to the facts alleged here. While the facts in Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890 are closer, since they both involve a traffic accident in which the plaintiff was allegedly injured, the similarity ends there. The Taylor court held "that the act of operating a motor vehicle while intoxicated may constitute an act of 'malice' under [Civil Code]...
2020.06.22 Demurrer 403
Location: Riverside
Judge: Chapman, David
Hearing Date: 2020.06.22
Excerpt: ...d shuttle driver, and termination by Defendant Marriott Resorts Hospitality Corporation (MRHC). The gravamen of Plaintiff's complaint is that he was passed over for a promotion because of his age and harassed, retaliated against and ultimately terminated for complaining about the alleged discrimination and wage theft by another employee. Plaintiff began his employment MHRC on September 21, 2015. In 2017 he filed an action for age discrimination a...
2020.06.18 Petition for Further Orders for Partition of Real Property, On Judgment for Judicial Foreclosure 603
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2020.06.18
Excerpt: ...days. If the parties cannot agree on a referee during that time, within 48 hours Plaintiff shall choose three different referees and Defendant shall choose from those three within 48 hours. If Defendant fails to select a referee, Plaintiff shall be permitted to select the referee. The Court shall order that the referee, when selected, shall prepare a report to the Court per CCP § 873.730 et seq. The report shall be returnable to the Court no lat...

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