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1953 Results

Location: Riverside x
2018.3.1 Demurrer 556
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.3.1
Excerpt: ...ds the law and the other party is aware of this misunderstanding at the time of contracting and fails to rectify the mistake. Civil Code §1578. A mistake of fact can also occur if a party is unilaterally mistaken as to the fact and the other party knows of the mistake or has reason to know of the mistake. M.F. Kemper Constr. Co. v. Los Angeles (1951) 37 Cal.2d 696, 701. There are no factual allegations supporting the conclusion that Defendants w...
2018.2.23 Motion to Compel, for Sanctions 242
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ...strues the privilege as between Forgy, as the client, and Defendant's attorney. The privilege belongs to Defendant as the client and applies to Forgy as a representative of the insurance carrier required to defend against Plaintiff's claim. The privilege is between Defendant and Forgy/Garrison rather than between Garrison and Defendant's counsel, Daniels, Fine, Israel, Schonbuch & Lebovits. Plaintiff next argues that Defendant waived attorney cli...
2018.2.23 Motion to Tax Costs 603
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ....52. Unlike the costs memorandum, a motion to tax costs based on factual matters must be supported by declarations. (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113‐1114.) For instance, where “reasonableness” is challenged, conclusory allegations t Page 3 of 9 Shalikar) because they were not parties to the litigation nor involved in the promissory notes at issue. However, Plaintiffs assert these deponents were trial witnesses who te...
2018.2.23 Motion to Quash 834
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ... to quash must be filed at the same time as a motion to set aside default to avoid the argument that by making a motion to set aside default, the improper service has been waived. (Civ. Proc., § 418.10(d). Service was improper because under Code of Civil Procedure section 416.10(a)(b) service on a corporation must be on either the designated agent for service or a specified corporate officers, a general manager, or a person authorized by the cor...
2018.2.23 Motion for Summary Judgment 882
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.23
Excerpt: ...oses of expediency, the following abbreviations are used in this ruling: “Deft” or “Millard” refers to Defendant moving party and “Pltf” refers to Plaintiff. Deft MILLARD's motion rests entirely upon its contention that it had no actual or constructive knowledge of the alleged floor condition which caused pltf to fall. (NOTE: to the extent the motion includes arguments disputing the reason pltf fell, and whether there was actually any...
2018.2.20 Demurrer 995
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.20
Excerpt: ...sruption of the contractual relationship; and (5) resulting damage. Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126. Plaintiffs fail to state a cause of action in the first instance because they do not sufficiently allege a disruption of their right to make a payment under the note secured by the First Deed of Trust (DOT). Indeed, Plaintiffs were already in breach of their obligations under the First DOT at the time t...
2018.2.20 Motion to Compel Arbitration 452
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.20
Excerpt: ...xists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or, (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. Califor...
2018.2.20 Motion to Compel Further Responses 222
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.20
Excerpt: ...p of the information sought to the issues framed in the pleadings; (2) the likelihood that disclosure will be of practical benefit to the party seeking discovery; and (3) the burden or expense likely to be encountered by the responding party in furnishing the information sought. (Columbia Broadcasting System, Inc. v. Sup. Ct. (Rolfe) (1968) 263 Cal.App.2d 12, 19.) As to Nos. 14, 15, 19, 20: These interrogatories request information regarding cont...
2018.2.15 Demurrer 658
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.15
Excerpt: ...ercised jurisdiction to consider the Declaration of Angela M. Jones regarding meet and confer efforts for the sole purpose of determining compliance with the Court's order of January 16, 2018. Gov. Code § 835 sets out the exclusive conditions under which a public entity may be held directly liable for injuries caused by a “dangerous condition” of public property. (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1132.) A public entity ...
2018.2.15 Motion to Strike 658
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.15
Excerpt: ...ion to file the pleading. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612‐613.) However, in Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874, the Court noted it had discretion to accept untimely amendment without noticed motion by plaintiff. Here, the Court accepted Plaintiff's late filing of the FAC. There is no evidence that the filing of the document, one day late, caused detriment, loss or prejudi...
2018.2.15 Motion to Quash Service of Summons, Set Aside Default 070
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.15
Excerpt: ...filed a supplemental declaration on February 7, 2018, which indicates that he received a document from the Sheriff “several months ago.” He indicates that he did not understand the document meant that a lawsuit had been filed, but provides that he was informed that the document related to the sale of his home. He also states that he learned of the existence of the lawsuit through his attorney, who did a case search based on a number found on ...
2018.2.13 Motion to Compel Responses 671
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.13
Excerpt: ...t as to the request for monetary sanctions. Monetary sanctions are required against any party, person or attorney who unsuccessfully opposes a motion to compel responses to interrogatories “unless it finds that the one subject to the sanction acted without substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2030.290(c).) Here Defendant did not file an Opposition explaining why responses w...
2018.2.13 Motion to Compel Further Responses 021
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.13
Excerpt: ...3‐17 hearing, counsel for moving party indicated that there would be the meet and confer regarding the definition of “incident.” The Court has no information on whether counsel have met and conferred. The tentative is that Plaintiff is to define the term “incident”. With a definition of the term, the motion is granted as to requests no. 2‐11, 14‐17, 19 and 20. Defendant is to serve, without objections, its further responses to reque...
2018.2.13 Motion to Dismiss for Failure to Comply 724
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.13
Excerpt: ...two facts are absolutely prerequisite to imposition of the sanction: (1) there must be a failure to comply with a valid discovery order and (2) the failure must be willful.” (Kayne v. The Grande Holdings Limited (2011) 198 Cal.App.4th 1470, 1474.) Terminating sanctions have been held to be an abuse of discretion unless the party's violation of the procedural rule was willful [Citations] or, if not willful, at least preceded by a history of abus...
2018.2.9 Motion to Compel Compliance with Subpoena 177
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.9
Excerpt: ...s prior to the date of the deposition. Monetary sanctions are authorized even against nonparty deponents if they “unsuccessfully oppose” a motion to compel. (CCP § 2025.480(j); Person v. Farmers Ins. Group of Cos. (1997) 52 Cal.App.4th 813, 818.) However, the claim for $9,160 for a straightforward motion is excessive in both time spent and rate charged ($700.) Arnke is to pay Plaintiff monetary sanctions in the amount of $700 (2 hours @ $350...
2018.2.9 Motion to Compel Release of Medical Records 396
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.9
Excerpt: ...§ 2020.010.) The deposition subpoena may command only the production of business records. (Cal Code Civ Proc § 2020.020(b).) If a subpoena requires the production of documents or other things, the court upon motion by a party Page 2 of 3 or consumer whose personal records are sought, or on the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena, modifying it, or directing compli...
2018.2.7 Motion to Compel 633
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.7
Excerpt: ...e court of appeal did not authorize the procedure of ordering a plaintiff to execute releases; the propriety of that order was not before the court. The court's commentary on that procedure is limited to the following footnote: The record does not reflect the reason the medical facilities requested plaintiff's authorization. Perhaps defendant did not comply with the procedures to obtain “personal records” of a “consumer” as required by se...
2018.2.7 Motion to Compel Further Deposition 242
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.7
Excerpt: ..., as well as the reasons that further responses are necessary. The purpose of the separate statement is to allow the Court and opposing parties to review all the necessary information without resorting to the deposition transcript. Supplemental Opposition, if any, to be filed by February 15, 2018. ...
2018.2.7 Motion to Compel Responses 939
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.7
Excerpt: ...that Schramm's complaints are directed to Plaintiff's description of the documents being produced, which could have been easily clarified by a simple telephone call. A further response is not warranted. Further, to the extent that the verification accompanying Plaintiff's responses was defective, the motion is moot, as Plaintiff has served an amended verification. Additionally, while it appears that Plaintiff only produced some of the referenced ...
2018.2.6 Demurrer 834
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...s never had a contract with Defendants and agrees that the sixth cause of action for breach of contract should be dismissed as against the demurring Defendants. As to the Seventh Cause of Action for foreclosure of mechanic's lien: Under CCP § 392(a)(2), the proper court for an action to foreclose a mechanic's lien is the superior court in the county in which the real property that is the subject of the action is situated. However, the requiremen...
2018.2.6 Motion for Reconsideration 044
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...by Anthony Chavez of Best, Best & Krieger. The Proof of Service on the Notice of Entry of Order states a mailing date of December 19, 2017. The motion for reconsideration was filed on January 11, 2018. C.C.P. §1008(a) provides that a party affected by a court's prior order may request that the court “reconsider the matter and modify, amend or revoke the prior order.” A motion for reconsideration is to be made within ten (10) days after servi...
2018.2.6 Motion for Summary Judgment or Adjudication 900
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.6
Excerpt: ...gs. (Weil & Brown, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group, 2017) §10:52, p. 10‐25.) The rules applicable to demurrers and motions for judgement on the pleadings apply. (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal. 4th 1110, 1118). Where the motion for summary judgment functions as a judgment on the pleadings to challenge the sufficiency of the allegations and the facts indicate that plaintiff may have a goo...
2018.2.2 Demurrer 919
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.2.2
Excerpt: ...ties in the securitization of his loan or upon the allegation that the Assignment was robo‐signed. Mendoza v. JPMorgan Chase Bank, N.A. (2016) 6 Cal.App.5th 802, 819‐20; Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 43. Lastly, because it is wholly derivative of the first cause of action for cancellation of instruments, the second cause of action for declaratory relief necessarily fails. Stockton Citizens...
2018.1.31 Motion to Strike 876
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.1.31
Excerpt: ...lleged egregious conduct. G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29. However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. Perkins v. Superior Court (General Tel. Directory Co.) (1981) 117 Cal.App.3d 1, 6‐7. Regarding a punitive damages claim in driving under the influence cases, in Taylor v. ...
2018.1.31 Motion to Augment Administrative Record 130
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2018.1.31
Excerpt: ...he general rule is that a hearing on a writ of administrative mandamus is conducted solely on the record of the proceeding before the administrative agency. [Citation omitted]. Section 1094.5 contains limited exceptions to this rule.” Toyota of Visalia v. New Motor Vehicle Bd. (1987) 188 Cal.App.3d 872, 881. C.C.P. §1094.5(e) provides: “[w]here the court finds that there is relevant evidence that, in the exercise of reasonable diligence, cou...

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