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10285 Results

Location: Riverside x
2025.02.13 Motion for Summary Judgment on Complaint 453
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.13
Excerpt: ...matter will be heard on February 14, 2025, at 8:30am in Dept 3. Either party may appear in -person, or by Zoom/Telephone. The Court grants Defendants' Rachel Douglas, individually and as Administrator of the Estate of Neftali Quiroz Olivo and Marcelino Douglas's (Defendants, collectively) Motion Summary judgment. The Court shall adopt the Defendants' proposed order. The Court vacates the currently set Trial Setting Conference. Defendants are orde...
2025.02.13 Motion for Summary Judgment on Complaint 204
Location: Riverside
Judge: Hodgkins, James F
Hearing Date: 2025.02.13
Excerpt: ... no triable is sue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP § 437c(c); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387 –88.) Where a plaintiff moves for summary judgment, that party has the burden of showing there is no defense to a cause of action. (S.B.C.C., Inc., supra, 186 Cal.App.4th at 388; CCP § 437c(a).) “That burden can be met if the pl...
2025.02.13 Motion for Summary Judgment 659
Location: Riverside
Judge: Handy, Belinda
Hearing Date: 2025.02.13
Excerpt: ...t there is no triab le issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP § 437c(c); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387 –88.) Where a plaintiff moves for summary judgment, that party has the burden of showing there is no defense to a cause of action. (S.B.C.C., Inc., supra, 186 Cal.App.4th at 388; CCP § 437c(a).) “That burden can be met...
2025.02.13 Motion for Attorney Fees 826
Location: Riverside
Judge: Molloy, John D
Hearing Date: 2025.02.13
Excerpt: ... property manager. After Defendants unsuccessfully attempted to evict Plaintiff, Plaintiff filed a claim in Ackerman's bankruptcy proceeding in which Defendants asserted that they were Plaintiff's landlord and harassed her for rent. Defendants then filed an unsuccessful unlawful detainer action against Plaintiff. On 3/15/23, the court granted Defendant's anti -SLAPP as to the 1st cause of action, but denied as to the 2nd, 3rd and 4th causes of ac...
2025.02.13 Demurrer, Motion to Strike on SAC 971
Location: Riverside
Judge: Molloy, John D
Hearing Date: 2025.02.13
Excerpt: ...ssion, Page 4 of 7 Decedent had a medical history including, diabetes, obesity , chronic kidney disease, kidney stones, previous urethral stents and peripheral vascular disease with multiple toe amputations. Upon admission, Decedent was hypoxic and severely altered mentally. Decedent was bedbound and completely unable to ambulate without assistance. Decedent was noted as testing negative for COVID -19, despite having been found positive at the pr...
2025.02.11 Demurrer 515
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2025.02.11
Excerpt: ...nufactured by Volvo Cars of North America, LLC (“Volvo”). Plaintiff alleges that the subject vehicle was delivered with or developed a number of serious defects, including but not limited to defects to the engine, transmission, climate controls, electrical, and breaks. Plaintiff allegedly provided his vehicle to Volvo's representatives, including Volvo Cars Palm Springs (“Palm Springs”), but they were unable to repair the vehicle. The Com...
2025.02.11 Demurrer 730
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2025.02.11
Excerpt: ...nt need only allege facts sufficient to state a cause of action, each evidentiary 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 demurrer...
2025.02.11 Demurrer 731
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2025.02.11
Excerpt: ...s that has de fects to the engine, electrical, and climate control. On 12/2/24, Plaintiff filed his Song -Beverly complaint for: (1) Civil Code § 1793.2(d); (2) Civil Code §1793.2(b); (3) Civil Code § 1793.2(a)(3); (4) breach of implied warranty of merchantability; and (5) negligent repair. Page 8 of 9 Defendant Volkswagen of Palm Springs demurs to the 5th cause of action on the grounds that it fails to state facts sufficient. Defendant argues...
2025.02.11 Demurrer on TAC 634
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2025.02.11
Excerpt: ...(Moore v. Reg ents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly Page 5 of 6 pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact...
2025.02.11 Motion for Attorney Fees 176
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2025.02.11
Excerpt: ...equal to the ag gregate amount of costs and expenses, including attorney's fees based on actual time expended, Page 3 of 6 determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code §1794(d).) Here, there is no dispute that Plaintiffs are the prevailing party. “Civil Code section 1794 “ ‘ “ ‘requires the trial court to make an initial determina...
2025.02.11 Motion for Summary Judgment, Adjudication 776
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.11
Excerpt: ...ses, Inc. (“Vist a Pacifica”) and Levi Chapman (“Chapman”) for: (1) sexual harassment; (2) failure to prevent discrimination, harassment, and/or retaliation; (3) assault; and (4) sexual battery. In the Complaint, Plaintiff alleges that she began working at Vista Pacifica on November 30, 2022, as a Certified Nursing Assistant. (Complaint at ¶ 21.) Vista Pacifica was aware of a patient, Chapman, who had previously physically and sexually a...
2025.02.11 Motion to Compel Arbitration 182
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.11
Excerpt: ...arranty, and a Bluelink Connected Services Agreement — both which contain an arbitration clause. It argues that the FAA applies. It contends that equitable estoppel applies. Plaintiff opposes. Analysis The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending tha...
2025.02.11 Motion to Compel Compliance with Request for Production of Docs, for Monetary Sanctions 539
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.11
Excerpt: ...confidential documents. Once the Court approves the Order, Defendant Honda shall produce the confidential documents in 10 days. As for sanctions, the Court denies the request, without prejudice. The Court recognizes that Plaintiffs are entitled to this information, but at the same time recognizes that Defendant has proprietary or confidential information. However, if a proposed protective order is not submitted to the Court, the Court would consi...
2025.02.11 Motion to Compel Deposition, for Sanctions 635
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.11
Excerpt: ...ice. Factual / Procedural Context On August 31, 2023, Plaintiff Leanna M. Richard (“Plaintiff”) filed a Complaint against Defendant Ford Motor Company (“Defendant” or “Ford”) for alleged violations of the SongBeverly Act and Magnuson -Moss Warranty Act. The Complaint alleges that Plaintiff's vehicle was delivered with serious defects and nonconformities to the warranty. Defendant claims that although it noticed Plaintiff's deposition ...
2025.02.11 Motion to Compel Further Responses, for Sanctions 839
Location: Riverside
Judge: Molloy, John D
Hearing Date: 2025.02.11
Excerpt: ...bestos). He contends that his complaints resulted in him being forced to move labs (which resulted in a loss of equipment, a loss of time to do research, and a loss of grant funding), being removed from teaching certain types of classes (which has limited his ability to advance as a professor), and a loss of wages (when necessary documents were not provided by supervisors to support a pay raise and he lost out on being paid grant funding during t...
2025.02.11 Motion to Dismiss for Failure to Prosecute 112
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2025.02.11
Excerpt: ...�) filed their original “Member Derivative Complaint” against Defendant Skyline Development Co. LLC (“Skyline”) for: (1) breach of governing documents and (2) breach of fiduciary duty. After multiple demurrers and motions, on January 3, 2023, Plaintiffs filed the operative Third Amended Complaint (“TAC”) against Defendants Skyline Development Co., LLC, Jennifer Roberts, and David Gilbert (together “Defendants”). The TAC asserts ca...
2025.02.11 Motion to Disqualify Counsel 567
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2025.02.11
Excerpt: ...rs. (Comp. ¶2 7.) On April 17, 2024, Plaintiff filed the instant lawsuit seeing damages for violations of the SongBeverly Act. Defendant HMA now moves to disqualify counsel Logan Hensley (“Hensley”) and Drake Law Firm under California Rules of Prof. Conduct, Rule 1.9 and 1.10, arguing that Hensley defended HMA for the last 1.5 years in lemon law cases before working at Drake Law Firm suing HMA in similar matters. Defendant argues that Hensle...
2025.02.11 Motion to Strike 275
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2025.02.11
Excerpt: ...�). The SAC asserts the foll owing causes of action: (1) quiet title (against Nunes Defendants and CCTMO); (2) fraud (against Nunes Defendants and CCTMO); (3) breach of contract (against Nunes Defendants); (4) breach of contract (against CCTMO); (5) breach of the covenant of good faith and fair dealing (against CCTMO); (6) declaratory relief (against Nunes Defendants and CCTMO); (7) slander of title (against Nunes Defendants and CCTMO); (8) elder...
2025.02.11 Motion to Strike Complaint and Demurrer on Complaint 586
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2025.02.11
Excerpt: ... confer. After meeting and conferring, Defendants shall 10 days before the continued hearing date set forth above do one of the following: 1. vacate th e hearing on the demurrer and file an answer to the complaint; 2. file with the court a declaration stating that the parties have agreed that Plaintiff will file a second amended complaint before the date set forth above and vacate the hearing; or 3. file with the court a declaration stating how t...
2025.02.10 Motion to Compel Arbitration 869
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2025.02.10
Excerpt: ...hoes, LLC (2022) 84 Cai.App.5th 956, 964, citati ons omitted.) "The Supreme Court has made clear that the 'strong federal policy in favor of enforcing arbitration' agreements' is based upon the enforcement of contract, rather · than a preference for arbitration as an alternative dispute resolution mechanism. Thus, the question of whether there has been waiver in the arbitration agreement context should be analyzed in much the same way as ln any ...
2025.02.10 Motion for Summary Judgment on FAC 957
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2025.02.10
Excerpt: ...healthcare per sonnel submit to twice -weekly COVID testing and wear N95 masks or respirators when working in patient -care areas. They also required all workers providing services or working in general acute -care hospitals receive COVID vaccinations by September 30, 2021. In her operative First Amended Complaint, Hernandez alleges that in November 2021 she notified EMC that she needed to take leave to accept a foster child into her home. She wa...
2025.02.10 Motion for Judgment on the Pleadings 353
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2025.02.10
Excerpt: ...estment Group Inc. (“BIG”), Bloo m age Villa Fund LP (“BVF”), Glory Investment International Inc. (“GII”), Legend Investment Management, LLC (“LIM”), Legend International Investment (“LII”), American Everglow Regional Center, LLC (“AERC”), Mission Marketplace LLC (“MM”) and Forge Innovation Development Corp. (“FID”) (collectively “Defendants”) for: (1) Fraud – Concealment; (2) Fraud – False Promise; (3) Bre...
2025.02.10 Motion for Judgment on the Pleadings 197
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2025.02.10
Excerpt: ...pleadings ha s the same function as a general demurrer, but may be made after the time to demur has expired. (CCP § 438(f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1013.) In ruling on a motion for judgment on ...
2025.02.10 Motion for Attorney Fees 827
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2025.02.10
Excerpt: ...ainst defect s and nonconformities. They allege the vehicle was delivered with serious defects and nonconformities and developed others as to the transmission, engine, electrical, and structural systems. Plaintiffs delivered the vehicle to a GM authorized repair facility but, GM was unable to conform the vehicle to warranty after a reasonable number of repair attempts. Plaintiffs filed their Complaint on 7/6/22 alleging three causes of action: 1)...
2025.02.10 Demurrer on FAC, Motion to Strike 249
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2025.02.10
Excerpt: ...action. Defendants Omni Rancho Las Palmas, LLC and Omni Hotels Management demurrers to the second, third, and fourth causes of action in the First Amended Complaint for n uisance, intentional infliction of emotional distress, and fraudulent concealment. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complai...

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