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5926 Results

Location: Riverside x
2022.12.05 Motion to Strike Answer, Demurrer 460
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.12.05
Excerpt: ...Court sustains the demurrer with 30 days leave to amend as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Factual / Procedural Context: Plaintiffs Lorena Betancourt, Alexander Betancourt, Samantha Lopez, America Rodriguez, Michelle Arvelo, Raymond Anthony Garcia, Jose Ortez and Dylan Hainult (collectively “Plaintiffs”) are tenants of a multi‐family residential building in Riverside (“Property”). The property i...
2022.12.05 Demurrer to FAC 169
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.12.05
Excerpt: ... counterpart). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents 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...
2022.12.05 Motion to Compel Further Responses 758
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.05
Excerpt: ...s in Set one. No attorney fees or cost awarded. Responding party to provide further verified documents within 20 days of service of notice. Moving party to provide notice. Plaintiffs, Jeffrey E. Fromberg and Mary E. Fromberg, individually and as Trustees of the Fromberg Family Trust dated June 23, 2009, filed the operative First Amended Complaint (FAC) on 8/17/22 against Defendants, Barbara A. Long (aka Barbara Vanton Long), individually and as T...
2022.12.05 Motion for Summary Judgment on FAC 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.05
Excerpt: ... not possess and cannot reasonably obtain needed evidence. (CCP §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evidence, the defendant must...
2022.12.05 Motion to Compel Further Responses 358
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.12.05
Excerpt: ...reach of express warranty in violation of Song‐Beverly Act, and (2) breach of implied warranty in violation of Song‐Beverly Act. Plaintiffs allege that, on August 20, 2019, they purchased a 2019 Chevrolet Silverado 1500, manufactured and distributed by Defendant. (Compl. ¶¶ 4, 11, 14.) They allege that the subject vehicle came with defects and nonconformities in transmission, engine and exterior, and that Defendant's authorized repair facil...
2022.12.02 Petition for Writ of Mandate 280
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.12.02
Excerpt: ...ion (MND) and related approvals for the Dedeaux Harvill Truck Terminal Project (Project), which is to be built by Real Party in Interest, DP Harvill, LLC2 (Project developer.) (Petition [Pet.] ¶¶ 1, 11‐12.) The Project involves converting 11.5 acres of vacant land in Mead Valley to warehouse logistics (a 53,275 square foot building3 ) and truck terminal distribution uses. (Id. ¶ 2.) The Project site is located between Patterson and Harvill A...
2022.12.02 Motion to Compel Further Deposition Testimony 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.12.02
Excerpt: ...y her brother. a. Notice of Sexual Harassment At Plaintiff's deposition, RUSD's counsel asked the following line of questioning: “Besides reporting the bullying at any time, did you ever report feeling sexually harassed by anyone when you were attending either Arlington or North [High School]?” (Bauermeister Decl. ¶ 3, Ex. A at 55:3–10.) Plaintiff's counsel objected under CCP § 2017.220, arguing that Defendants are not entitled to ask abo...
2022.12.02 Motion to Compel Answers, Production of Docs 206
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.02
Excerpt: ...ses of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Ho...
2022.12.02 Motion for Summary Judgment 651
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.12.02
Excerpt: ... showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. At...
2022.12.02 Judicial Foreclosure of Performance Deed of Trust 939
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.12.02
Excerpt: ...counsel. The court is further inclined to set this matter for a Mandatory Settlement Conference (MSC) with Judge Angel M. Bermudez, to occur prior to the evidentiary hearing. The date and time for the MSC to be arranged by counsel with Judge Bermudez' clerk. Counsel are ordered to contact the clerk in Judge Bermudez' Department S302, forthwith to schedule the (MSC). Prior to the evidentiary hearing, the parties shall submit briefs no later than t...
2022.12.01 Demurrer to FAC 672
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.12.01
Excerpt: ...ermine what issues must be admitted or denied, or whether the claims are directed against it. (Khoury, supra, 14 Cal.App.4th at 616.) The special demurrer on grounds of uncertainty is denied. In the FAC Plaintiff repeatedly conflates Pacific Inland and Parkside. Pacific Inland, however, is not a party to the Lease. Further, Plaintiff does not plead facts to demonstrate a breach of the MSA; rather Plaintiff simply alleges that the defendants breac...
2022.12.01 Motion for Reconsideration 832
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.12.01
Excerpt: ...ng party, seeking recovery of its initial filing and motion fees ($570.00), e‐filing fees ($139.00), and service of process fees ($357.00), for a total of $1,066.00. On 9/1/2022, Plaintiff filed a Motion to Tax Costs, challenging the e‐filing fees ($139.00) and service of process fees ($357.00). On 9/13/2022, Defendant filed an Amended Memorandum of Costs (Summary) to correct the amount for e‐filing fees from $139.00 to $214.00, for a total...
2022.12.01 Motion for Sanctions 862
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.12.01
Excerpt: ...te 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.) The court has the authority to impose a broad range of sanctions for misuse of the discovery process. “Terminating sanctions have been held to be an abuse of discretion unless the party's violation of the procedural rule was willful ...
2022.12.01 Motion for Summary Judgment 320
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.12.01
Excerpt: ... complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely upon the allegat...
2022.12.01 Motion to Compel Further Responses 123
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.12.01
Excerpt: ... the hearing that the documents were selected by counsel for review). EcoMaster is to provide further responses without objections (except as to RFP nos. 4‐5 overbreadth) within 30 days. The Court denies the request for sanctions due to lack of compliance with CCP §2023.040. Factual / Procedural Context: Plaintiff EcoMaster Corporation (“EcoMaster”) alleges it entered into a written contract on 1/9/18, with defendant Moon Lev Investments L...
2022.12.01 Motion to Compel Arbitration 457
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.01
Excerpt: ...failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract, (2) money had and received, (3) negligence, (4) breach of duty of good faith and fair dealing, (5) unjust enrichment, and (6) fraud and deceit. Defendant brings this motion seeking to compel Plaintiff to arbitration. It asserts that P...
2022.12.01 Motion to Compel Mental Exam 324
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.12.01
Excerpt: ...rivacy and other constitutional rights. (Reuter v. Superior Court (1979) 93 Cal.App.3d 332, 343.)1 In addition, and ostensibly for the same purpose, the court in its order must set forth certain details of the examination: “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope and nature of the...
2022.12.01 Motion to Strike Complaint 019
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.12.01
Excerpt: ...mplaint on July 22, 2022 against cross‐defendants Michael Ulloa and Joshua Gonzales. Ulloa and Gonzales (together, “Cross‐Complainants”) thereafter filed a cross‐ complaint for indemnity and contribution against the Reinas on September 22, 2022. * * * The Reinas now move to strike Cross‐Complainants' demand for attorney fees on the ground that the cross‐complaint fails to set forth a contractual or statutory basis to support the dem...
2022.12.01 Motions to Compel Further Responses 716
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.12.01
Excerpt: ...nt's agreement to turn over the documents, the motion is granted as to Nos. 60, 61, 66, 68 – 70. As to 60 and 61 the requests are limited to the transmission issues experienced by Plaintiff's vehicle and as to Nos. 66, 68, 69, and 70 the requests are limited to the defects expects experienced by Plaintiff's vehicle. All requests are limited to the same type, make, model and year of Plaintiff's vehicle. Defendant is to produce the responses with...
2022.12.01 Motion to Expunge Lis Pendens 348
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.01
Excerpt: ...ezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust (“Defendant”). Plaintiff alleges that she is the equitable owner of real property located on Pueblo Rd. in Indian Wells (the “Property”). (Complaint, ¶ 9.) Plaintiff began occupying the Property as a second home in approximately June 2015 and has, since that time, made all of the mortgage payments and paid for all upkeep of the Property. (Id., ¶¶ 10‐11.) Plaintiff allege...
2022.11.30 Demurrer to FAC, Motion to Strike 386
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.11.30
Excerpt: ...evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. Moore v. Regents 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 pleaded, and of any material facts of which judicial notice has been requested and may be taken. C...
2022.11.30 Demurrer 137
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.30
Excerpt: ...filed the Complaint in this matter on August 8, 2022. Hansen graduated from Rancho Mirage High School in 2020 and was over the age of 18 at all relevant Page 7 of 8 times. He alleges that Cundari, a high school theater teacher, approached him in May 2021 and asked him to be the lead in an upcoming theater production. (Complaint, ¶¶ 7‐8.) Cundari gave Hansen his telephone number and asked him to keep their communications and friendship a secre...
2022.11.30 Demurrer 219
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.30
Excerpt: ...2/02/23 at 8:30am. All counsel/parties may appear by Zoom/telephone at the next hearing, but the Court orders updated CMC statements prior to the next hearing. Factual / Procedural Context: Plaintiff David Krahn alleges that he is a 50% beneficiary of the Loyola Street Land Trust, of which Defendant Lori Houchin is the trustee. Defendants Craig Backstrom and Wendee Backstrom are the managers of Defendant Molly‐Two, LLC, and parents of Defendant...
2022.11.30 Demurrer 699
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.30
Excerpt: ...ion (promissory estoppel). Defendants do not demurrer to the sixth cause of action for private nuisance brought only by Plaintiff LaRue. 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 complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form par...
2022.11.30 Demurrer to FAC 665
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.30
Excerpt: ... complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, but only to hold h...
2022.11.30 Motion for Attorney Fees 721
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.30
Excerpt: ...s an additional two hours of attorney time for preparation of the present motion, for a total award of $7,150.00. The court awards costs on appeal in the amount of $961.00. The court rejects plaintiff's contention that the fees should be reduced because defendant Papp, and not attorney Peterson, prepared Page 7 of 7 the briefing on appeal and performed the work. Plaintiff provides no evidence to support the contention. The prevailing defendant on...
2022.11.30 Motion for Attorney Fees 583
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.30
Excerpt: ... allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(a)(10)(A),(B)&(C).) Labor Code section 218.5 states the court “shall award reasonable attorney's fees to the prevailing party…in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions….” Labor Code section 226(e)(1) also provides for attorney's fe...
2022.11.30 Motion to Compel Deposition 089
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.30
Excerpt: ...but a TSC is set for today. Defendants move to compel Plaintiff's deposition, to appear at deposition within 14 days and sanctions of $1,587.50. Defendants requested Plaintiff's availability from counsel, but received no response, and served a deposition notice for 9/7/22 and continued to 9/23/22, to which Plaintiff failed to appear. Plaintiff's counsel submitted a declaration indicating that Plaintiff suffered a serious brain injury and right te...
2022.11.30 Motion to Compel Further Responses 507
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.30
Excerpt: ...sts, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a factspecific showing of relevance.” (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the...
2022.11.30 Motion to Strike Answer 324
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.11.30
Excerpt: ...ading” and “strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Motions to strike can be used to attack the entire pleading, or any part thereof. (Code Civ. Proc., § 435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or...
2022.11.30 Petition to Compel Arbitration 351
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.30
Excerpt: ...intiff as the successor‐in‐ interest to the decedent, alleging claims for elder abuse under the Welfare and Institution Code; fraud and concealment; unlawful and deceptive business practices and unfair competition; and violation of patient's rights (Health & Safety (H&S) Code, § 1430(b)). Plaintiff also brings a separate, independent cause of action for wrongful death for damages suffered by decedent's family members. The Complaint alleges t...
2022.11.29 Demurrer 832
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.29
Excerpt: ...e to Defendant's home. (¶ 3‐4.) Plaintiff considers herself a Moreno Valley activist, and has used the CA Public Records Act to bolster her activism. (¶ 7,8.) Plaintiff alleged that she has had many dealings and “grudges” with Defendant over the years. (¶ 8‐9.) To that end, Plaintiff alleged that Defendant has told members of the Mongols that Plaintiff has taken pictures of them from her home. (¶16.) She alleged in ¶ 17: “Is known ...
2022.11.29 Demurrer to SAC 724
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.29
Excerpt: ...om seeking exemplary damages or injunctive relief as remedies. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten...
2022.11.29 Demurrer, Motion to Strike 866
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...efendant Jacob Williams aka Jacob Charles Williams (“Defendant”). Plaintiff alleges that she and Defendant began dating in June 2015 and began cohabitating in July 2016 in a home located in Bermuda Dunes, California. (SAC, ¶¶ 6‐7.) Plaintiff purchased the home in June 2019 using funds provided by her father and has made all mortgage payments. (SAC, ¶¶ 8‐9, 12.) Plaintiff alleges that without consideration from Defendant – or for rea...
2022.11.29 Motion for Sanctions 113
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...come the court's order on December 6, 2022 8:30 a.m. regardless of whether terminating sanctions are imposed. Defendant to provide notice pursuant to CCP 1019.5. This is a personal injury action filed by plaintiff Twinisha Robinson against True Vine Hospitality, LLC (dba Budget Inn) and Dhansukhbhai Bhakta. The complaint, filed July 15, 2020, alleges causes of action for negligence and premises liability. Plaintiff alleges that she was injured wh...
2022.11.29 Motion for Summary Judgment 127
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.29
Excerpt: ...e the existence of a triable issue of material fact. Factual and procedural background: On 3/12/20, Jessina Azmi Hweidi (“Decedent”) was driving her vehicle southbound on Knabe Road, north of While Sage Street. Her sister, Safa Azmi Hweidi (“Safa”), was a passenger in the vehicle. It was raining heavily that day and an unsafe amount of water had built up on the roadway. Decedent lost control of her vehicle and collided with a boulder and ...
2022.11.29 Motion for Summary Judgment 164
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.29
Excerpt: ... rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants provide any evidence. From commencement to conclusion, the party moving for...
2022.11.29 Motion for Summary Judgment 353
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.29
Excerpt: ...acts exists as to any of his causes of action, he failed to meet that burden by presenting legally admissible controverting evidence. “A defendant moving for summary judgment has the burden of showing that a cause of action lacks merit because one or more elements of the cause of action cannot be established or there is a complete defense to that cause of action.” (Jones v. Wachovia Bank (2014) 230 Cal.App.4th 935, 945.) Summary judgment lies...
2022.11.29 Motion for Summary Judgment 523
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.29
Excerpt: ...ulently obtained an interest in Plaintiff's property located at 1430 W. Wilson Street in Banning, recorded fictitious forged deeds of trust against the subject property using sham entities, and has twice improperly initiated foreclose proceedings. Plaintiff alleges Defendant used multiple alter ego corporations to perpetrate the fraud, including defaulted defendants Janitorial Services and Distribution, Inc., Western Lien Service, First Artisan F...
2022.11.29 Motion to Compel Arbitration 814
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2022.11.29
Excerpt: ...tten agreement in asserting [its] claims' against the nonsignatory.” ' ” (Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 218.) The second applies where “a nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligations imposed by the agreement containing the arbitration clause. In other words, allegations of substantially interdependent and concerted misconduc...
2022.11.29 Motion to Compel Further Responses 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.29
Excerpt: ...nce and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th at 98.) Meet & Confer Page 3 of 6 Important...
2022.11.29 Motion to Compel Further Responses 988
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.29
Excerpt: ...ents, Set One, No. 6. Plaintiff contends the following: that Defendant objected to his discovery and claims that a court order is required for production; Defendant failed to serve a verified, statement of compliance that complied with CCP §§2031.220 and 2031.280; Defendant failed to serve all responsive documents; 5) Plaintiff has good cause for the discovery requests; and 6) his meet and confer with Defendant did not result a resolution. Plai...
2022.11.29 Motion to Quash Civil Subpoena or for Protective Order 377
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...a to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). Defendants Insurancebeacon.com, Inc. dba Magnolia Aut...
2022.11.29 Motion to Set Aside Default 715
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.29
Excerpt: ...a Request for Entry of Default of Lavallee, which was entered by the clerk of the Court on the same date. On August 18, 2022, Lavallee filed the instant motion, pursuant to CCP § 473(b) seeking to vacate the default entered against him. Lavallee claims Lavallee states that he admitted himself into rehabilitation facility in Arizona in January 2021 and came back to California in February 2021 but could not deal with the pending lawsuit as a resul...
2022.11.28 Demurrer 057
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.28
Excerpt: ...e subject property, which crop was harvested and sold by the Gunthers. On 7/10/21, a fire destroyed the Gunthers' personal property worth $349,019, including an RV, horse trailers, a flatbed trailer, a pickup truck, chain link fence, horse arena fence, irrigation manifold, irrigation system, domestic water supply, water well, bee hives and a bicycle. The Gunthers were paid $142,704.20 by their insurance carriers, including $44,363.20 by State Far...
2022.11.28 Demurrer to FAC 962
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.28
Excerpt: ...ir dealing, the demurrer as to these causes of action is sustained without leave to amend. If Plaintiff does not seek to amend the complaint, or the Court does not grant leave to amend, then Defendant shall file an answer within 20 days on the remaining causes of action. Factual / Procedural Context: This is a foreclosure action. Plaintiff, Chris Darden, admits he defaulted due to economic hardship but alleges he submitted a complete loan modific...
2022.11.28 Motion for Approval of PAGA Settlement 148
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.11.28
Excerpt: ...r declaratory relief, unfair competition, and PAGA, there are 10 individual claims for monetary relief. The CMO requires that the value of each be estimated. (§ D.4.b.) The moving papers estimate the value of some but not all. The value of two of them is estimated to be $408,280, but it is not clear whether that estimate represents the value if entirely successful at trial or the value of what could reasonably be expected to be awarded at trial....
2022.11.28 Motion for Compel Arbitration 888
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.28
Excerpt: ...owever, it is clear that Angela signed the agreement as Ruth's agent, not on her own behalf, as the court found in Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 687, wherein the court found that Daniel's wrongful death claim was not arbitrable because she did not sign the residency agreement in her personal capacity and was therefore a third party to the agreement. Therefore, none of the Plaintiffs' individual wrongful death ...
2022.11.28 Motion for Terminating Sanctions 837
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.28
Excerpt: ...4AC] ¶¶1‐2.) Plaintiff Leslie Frias is Joseph O.'s GAL. Plaintiff was a student at Paloma High School in the Perris Union High School District (“District” or “Defendant”). In September 2019, it was reported to Leslie Frias that District employee Steven Carter had been providing Plaintiff Joseph O. with marijuana and Plaintiff smoked marijuana under Carter's supervision. (4AC ¶¶60‐62.) Specifically, at some time in 2019 Carter saw ...
2022.11.28 Motion to Compel Mental Exam 419
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.28
Excerpt: ... a qualified psychologist. (4) Dr. Shelby is prohibited from asking questions about Plaintiff's consensual sexual history. (5) The raw test data shall be produced to Plaintiff's qualified expert. (6) The mental examination of Plaintiff is limited to 6 hours. Thus, the Court orders Plaintiff to submit to a mental examination with Dr. Shelby on December 2, 3, 5, 9, or 10, 2022, or to a date mutually agreed upon by all parties, subject to the limita...
2022.11.28 Motion to Compel Production of Docs, Deposition 755
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.28
Excerpt: ...owledgeable (PMK). Following the meet and confer, moving party is to file a declaration, at least ten days before the next hearing, regarding the results of the meet and confer or take the motion off calendar. All requests for sanctions are denied. Factual and procedural background: Plaintiff, iCare Hospice Inc. (“Plaintiff” or “iCare”)) filed the complaint in this action on 2/23/22 against defendant Janet Teeter (“Defendant”). Plaint...
2022.11.28 Motion to Tax Costs 799
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.28
Excerpt: ...our causes of action arising out of a real estate transaction between Plaintiff and EPR DE: (1) breach of contract (against EPR DE); (2) breach of contract (against EPR DE); (3) fraud (against EPR DE and Schutte); and (4) alter ego (against Klein and EPR CA).[1] The default of the EPR defendants was entered, and default judgment was entered against them on the first three causes of action on 9/29/22. Following a court trial on this issue, Defenda...
2022.11.28 Motions to Compel Further Responses 331
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.28
Excerpt: ...21, 2022. The parties exchanged numerous, substantive meet and confer letters and met and conferred telephonically. It appears that the parties are now at an impasse. It appears that Defendant's counsel became antagonistic and inappropriately aggressive during the meet and confer process. Nevertheless, despite this hostility, the parties satisfied the meet and confer requirements of (Cal. Code Civ. Pro. §§2030.30(b); 2031.310(b)(2).). Defendant...
2022.11.28 Motion to Compel Responses, for Sanctions 301
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.28
Excerpt: ...60, 67‐71) or sexual misconduct perpetrated against the District's students (SI 53.) District contends that the information sought by these interrogatories related to other students is protected by Education Code § 49076. It is true that access to a pupil's records is restricted by statute, except in certain circumstances, such as where written parental consent is given, or pursuant to court order. (Educ. Code § 49076.) Educ. Code § 49073 re...
2022.11.28 Motion to Set Expert Fee 629
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.28
Excerpt: ...alth care practitioners who will be asked to express an opinion during the deposition, when such opinion includes opinion or factual testimony regarding the past or present diagnosis or prognosis made by the witness, or the reasons for a particular treatment decision made by the witness. The witness would not be considered to be giving an expert opinion if the testimony requires the witness only to read words and symbols contained in a relevant m...
2022.11.28 Motion to Set Aside Complaint 329
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.28
Excerpt: ... order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., §473(b).) Section 473, subdivision (b), consists of two distinct parts: “a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25‐26.) Under the discretionary relief provision, “on a s...
2022.11.23 Motion for Preliminary Approval of Class and Representative Action Settlement 777
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.11.23
Excerpt: ...issions shall be filed no later than 12‐19‐ 22. Page 3 of 4 The declaration of counsel is titled as being by Patel and is signed by Patel, but the first line of the declaration (page 2, line 1) identifies the declarant as Bibiyan, as does the footer of the document. That inconsistency must be resolved. The changes mandated by the Court's last order have not all been made. For instance, the notice (at p. 2) continues to state that the final‐...
2022.11.23 Demurrer to FAC 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.23
Excerpt: ...ce as to 4th cause of action. Defendant to provide notice pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC allege 6 causes of action (COA) for 1) fraud, 2) breach of fiduciary duty, 3) breach of contract, 4) quiet title, 5) conversion, and 6) declaratory relief. Defendant Edwin Cosek specially demurs to the entire First Amended Complaint (FAC) on the grounds that Plaintiff ...
2022.11.23 Demurrer to SAC 972
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.23
Excerpt: ... and arguments. A general demurrer under Code of Civil Procedure section 430.10(a)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The “face of the complaint” re...
2022.11.23 Motion for Final Approval of Settlement 983
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.11.23
Excerpt: ...ted, the Court presumes that the imaging is the firm's internal digital filing system. The Court will not compensate for such an item of overhead. The plaintiff seeks compensation for a telephone charge incurred on 10‐11‐22 in the sum of $1,173.34. The Court requires explanation of the nature and amount of that charge. The plaintiff seeks compensation for $3,150 paid to the administrator, Rust, on 10‐23‐19, for “claims administration se...
2022.11.23 Motion for Nonjury Trial 112
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.23
Excerpt: ...cuments and violation of the Davis‐Stirling Act, (3) breach of fiduciary duty of board director, and (4) breach of fiduciary duty of controlling shareholder. Plaintiffs posted jury fees. Defendants filed this motion for a finding that there is no right to a jury trial on any of plaintiffs' claims. Plaintiff's opposition acknowledges that this is a derivation action that constitute of equitable claims but contends it will be seeking to amend the...
2022.11.23 Motion for Summary Judgment 035
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2022.11.23
Excerpt: ...er; (3) possession which is adverse and hostile to the true owner; (4) continuous possession for at least five years; and (5) payment of all taxes assessed against the property during the five‐year period.” (Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020, 1032–33 [emphasis added].) “In no case shall adverse possession be considered established . . . , unless it shall be shown that the land has been occupied and claimed for ...
2022.11.23 Motion for Summary Judgment, Adjudication 063
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.23
Excerpt: ...ntitled to judgment as a matter of law. After the moving party has met its initial burden, the court's sole function on a summary judgment motion is to determine whether or not there are material facts in dispute. (Zavala v. Arce (1997) 58 Cal.App.4th 915, 926.) Plaintiff alleges the following causes of action in her complaint: (1) FEHA Discrimination based on sex discrimination; (2) FEHA violations based on pregnancy discrimination; (3) FEHA vio...
2022.11.23 Motion to Compel Arbitration 970
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.23
Excerpt: ...tration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated b...
2022.11.23 Motion to Tax Costs 028
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.23
Excerpt: ... motion for summary judgment; judgment was entered on 9/22/22. A defense memo of costs was filed on 10/7/22. It seeks a total of $17,718.69, including $9,498.00 in expert witness fees (listed under “other” on the costs memorandum) because plaintiff rejected an offer to compromise under Code of Civil Procedure section 998. Plaintiff moves to tax two categories of costs‐ deposition costs, and expert witness fees. Defendants defend the costs i...
2022.11.23 Motion to Vacate Default Judgment 440
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.23
Excerpt: ... present and that the matter proceeded as a default hearing. (Minute Order dated January 26, 2022, ROIC California, LLC v. Bakos, UDPS2100440.) At the conclusion of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision ...
2022.11.23 Motion for Preliminary Injunction 531
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.23
Excerpt: ... omission in a notice of public hearing, unless the court finds the error was prejudicial, the complaining party suffered substantial injury, and a different result was Page 3 of 5 probable had the error not occurred. ([Government Code] § 65010, subd. (b).) Neither prejudice, substantial injury, nor the probability of a different result may be presumed based on a showing of error alone. (Ibid.) ” (Rialto Citizens for Responsible Growth v. City...
2022.11.22 Motion for Summary Judgment 993
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.22
Excerpt: ...e Court cannot find that Mack has met his burden, and therefore must deny the motion. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a c...
2022.11.22 Motion for Summary Judgment 639
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.22
Excerpt: ...shed that any triable issues exist as to the Medical Malpractice or Loss of Consortium causes of action. The Motion for Summary Judgment is granted. Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to ...
2022.11.22 Demurrer FAC 278
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.22
Excerpt: ...(negligent misrepresentation and fraud), the Page 4 of 6 Demurrer is sustained with leave to amend. While plaintiff has not alleged that the statement that the policy had been issued prior to the close of escrow was false at the time it was made, plaintiff may be able to allege that it was false at the time or may be able to allege other false statements or omissions. Plaintiff is given 20 days leave to amend the Complaint. A demurrer is a pleadi...
2022.11.21 Demurrer, Motion to Strike 791
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.21
Excerpt: ...t calls out a separate theory of liability. (Lilienthal & Fowler v. Sup. Ct. (1993) 12 Cal.App.4th 1848, 1853– 54.) Each arises from a distinctly separate legal obligation or claim of right and (2) each has its own set of elements that will be established by different evidence. In Zumbrun v. University of Southern California (1972) 25 Cal.App.3d 1, the court held that a special demurrer was properly sustained “where two causes of action ha[d]...
2022.11.21 Demurrer to FAC 020
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.21
Excerpt: ...l institutions in the State of California, Central California Women's Facility (CCWF) located in Chowchilla and California Institution for Women (CIW) located in Corona. Plaintiff brings this action against the State, the California Department of Corrections and Rehabilitation (CDCR), and various CDCR employees levying violations of state and federal law that allegedly occurred between March 2008 and April 2017 during plaintiff's term of incarcer...
2022.11.21 Demurrer to FAC 469
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.21
Excerpt: ...ildings on the property (“Project”). In September 2019, Plaintiff entered into a $2,520,000 construction contract (“Contract”) with Defendant TiltUp, Inc. (“Tilt”), which was signed by Tilt's CEO, Defendant Scott Hayek (“Scott”). Plaintiff asserts that Defendant Kelly Hayek (“Kelly”) is an officer or director of Tilt. Plaintiff alleges that Tilt hired its own subcontractors, including Defendants Platinum Concrete (“Platinum...
2022.11.21 Motion for Reconsideration 139
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.21
Excerpt: ...longer has an aggrieved employee as a plaintiff, the claim is dismissed. Motion for reconsideration is moot. A. Motion for Reconsideration Defendant moves for reconsideration of its 3/14/22 order denying arbitration as to PAGA, contending that under Viking River Cruises, that claim is subject to arbitration, and the court should dismiss PAGA. It argues it did not waive arbitration as to PAGA, and the matter should be stayed. B. Motion to Substitu...
2022.11.21 Motion to Compel Further Responses 429
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.21
Excerpt: ...stina Gordon dated June 11, 2020 (RFP No. 15); and (4) Letter from Lonetta Bryan to Kristina Gordon dated June 11, 2020 (RFP No. 15), subject to a protection order or redactions of any privileged materials. o The Court recognizes that Plaintiffs are agreeable to accepting production of these Notices subject to a protective order to alleviate any concerns related to privacy rights and/or other privilege. (See Pls.' Mot. 8:12–13, 9:7–8.) The Co...
2022.11.21 Motion to Stay 224
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2022.11.21
Excerpt: ...es to stay this action because this case duplicates the allegations made in a PAGA case pending in Los Angeles County. Plaintiff argues that defendant waived the jurisdiction argument by not bringing it by demurrer or answer, that the jurisdictional argument Page 3 of 4 does not apply to PAGA cases in any event and that plaintiff's claims are different from those made in the Los Angeles litigation. Overrule objections to the Slowik declaration, w...
2022.11.21 Motion for Summary Judgment 334
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.21
Excerpt: ...ritten lease with defendant Jefferson Avenue Temecula, LLC to rent commercial space located at 27355 Jefferson Ave, #C/D in Temecula to operate a beauty supply store and salon starting November 1, 2019. Plaintiff alleges Defendant failed to timely deliver possession of the premises with a certificate of occupancy. Defendant now moves for summary judgment and/or adjudication of each cause of action. Defense relies on the fact that most of the issu...
2022.11.18 Motion to Sever, to Confirm Arbitration 476
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.18
Excerpt: ...s claims against the remaining “Realtor Defendants.” The Realtor Defendants oppose this motion, arguing that severing the claims will prejudice them because they intend to file a cross‐ complaint against Coachillin' and Dickerson, and that this will run afoul of the one‐judgment rule. The Court disagrees. Code of Civil Procedure section 579 provides that “[i]n an action against several defendants, the court may, in its discretion, rende...
2022.11.18 Motion for TRO, Preliminary Injunction 263
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.18
Excerpt: ...e was recorded on 6/10/22 and the sale date was continued to 9/13/22, subsequent to her dismissal of the bankruptcy. (Complaint ¶ 13.) Plaintiff contends that she submitted a loan modification packet to Defendant EWL on 8/24/22 and that it failed to comply with several sections of the Homeowners Bill of Rights (HBOR.) Plaintiff filed her verified complaint on 10/3/22 alleging causes of action for: 1. Violation of Civil Code § 2923.5, 2. Violati...
2022.11.18 Motion for Summary Judgment 267
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.18
Excerpt: ...ving party is entitled to a judgment as a matter of law.'” S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387‐388. A plaintiff moving for summary judgment or adjudication has the burden to produce evidence on each element of a cause of action entitling her to judgment. Id. at 388. “If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists...
2022.11.17 Motion for Terminating Sanctions, to Compel Further Answers 225
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.17
Excerpt: ...covery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (Code Civ. Proc., § 2023.030(d).) Terminating sanctions are appropriate where there is a ...
2022.11.17 Motion for Summary Judgment 578
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.17
Excerpt: ...ide Hosing Development Corporation (“RHDC”). Plaintiff alleges that she tripped on a negligently maintained sidewalk and fell down stairs, sustaining serious bodily injuries. On May 2, 2021, Plaintiff filed her Complaint. She asserts three causes of action for: (1) Dangerous Condition on Public Property; (2) Negligence; and (3) Negligence. The City and RHDC (collectively “Defendants”) now move for summary judgment, or in the alternative, ...
2022.11.17 Motion for Summary Judgment 251
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.17
Excerpt: ...pped and fell on the recently‐mopped floor by the buffet. Defendant's employee did not place any cones or signs around the mopped area to warn patrons of the wet floor. Plaintiff suffered injuries to her knee and lower back which required injections and the implantation of a spinal cord stimulator. Defendant Sapporo cross‐complained against Fardad Mobin (Mobin or Dr. Mobin) and Parhnam Yashar, M.D., plaintiff's treating physicians who implant...
2022.11.17 Demurrer, Motion to Strike, for Judgment on the Pleadings 066
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.11.17
Excerpt: ...days. The Court has sustained several prior demurrers in this case, the last one with leave to amend to allege a new cause of action to set aside foreclosure. Defendants now generally demurrer to Plaintiff's Fourth Amended Complaint, and each cause of action therein, on the grounds that the it fails to state facts sufficient to constitute either a quiet title action or an alleged “set aside” cause of action. Defendants also assert that Plaint...
2022.11.17 Demurrer on FAC 665
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.17
Excerpt: ...to deem the entire complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, ...
2022.11.17 Application for Order to Set Aside Right to Attach Order, for Issuance of Writ of Attachment 021
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2022.11.17
Excerpt: ...dified if the requirements of Civil Code § 1698 are met. Relevant here, Civil Code § 1698(b) provides: “A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.” “An executed contract is one, the object of which is fully performed.” (Civil Code § 1661.) Where there is an oral agreement to reduce the rent, “[i]n so far as the payments of rent made under the oral agree...
2022.11.16 Motion for Judgment on the Pleadings 956
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.16
Excerpt: ...n documents without any intent to occupy or own the property, but rather, as an accommodation to the Defendant Cross complainant to enable her to borrow money from a lender when she otherwise lacked the financial wherewithal to finance the mortgage. Neither party has addressed the effect that this apparent fraud on the lender would have on the matter at hand in terms of whether either party can now move to enforce the ownership of the mortgage th...
2022.11.16 Motion to Disqualify, to Compel Deposition, Production of Docs 941
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.16
Excerpt: ...presented by Todd R. Wulffson (“Wulffson”) and Denisha P. McKenzie (“McKenzie”) of the law firm CDF Labor Law LLP (“CDF”). Trial in this matter is currently scheduled for 5/26/23. As it relates to this motion, on 4/1/22, Bogh produced documents in response to Plaintiff's discovery requests, which included images of two emails from Plaintiff's personal Gmail account purportedly displayed on the screen of a company‐issued iPad. One em...
2022.11.16 Motion for Summary Judgment 164
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.16
Excerpt: ...same time (in which case, service was actually at the post office address, rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants p...
2022.11.16 Motion to Compel Arbitration 174
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.16
Excerpt: ...tion of Plaintiff's counsel, Anna Levsky, the evidentiary objections to No. 5 should be overruled and sustained as to Nos. 6 and 7. Plaintiff's request for judicial notice in support of opposition: The Court grants the request only to extent this document exists as part of a court record or file, which should not be accepted as true matters stated, unless the matters are indisputably true. (Evid. Code, §452(d) [judicial notice may be taken of re...
2022.11.15 Motion to Strike 751
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.15
Excerpt: ...suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20. On 5/2/22 she filed the First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts two causes of action for: (1) Professional Negligence and (2) Punitive damages. On 8/15/22 this court granted Defendant's motion to strike the portions of the complaint that alleged punitive damages on ground that Plaintiff had not stated ...
2022.11.15 Motion for Summary Judgment on SAC 454
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.15
Excerpt: ...on, Defendants produced sufficient evidence that the alleged oral/written/implied contract is ineffective because there is no written instrument signed by all members modifying the operative operating agreement. (Corp. Code § 11701.11, § 11701.12; Robidoux Dec., Ex. B, ¶ 11.1, ¶ 11.11.) Plaintiff failed to produce evidence showing a triable issue of fact. As to the unjust enrichment, third cause of action, this claim fails as a matter of law ...
2022.11.15 Motion for Preliminary Approval of Class Action Settlement 017
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.11.15
Excerpt: ...se of the number of defects, the Court has suspended its detailed review of the motion. Therefore, the list may not be complete. However, the defects include the following: Burns's declaration, ¶ 12. The form declaration (which the court has encountered in other motions brought by other counsel in this firm) is not sufficiently tailored to facts of this case. For instance, counsel reviewed the employment records of plaintiff and “other Class M...
2022.11.15 Demurrer 797
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.11.15
Excerpt: ...ional or statutory right by threatening or committing violent acts; (2) that the plaintiff reasonably believed that if he exercised his constitutional right, the defendant would commit violence against him or his property; (3) that the defendant injured the plaintiff or his property to prevent him from exercising his constitutional right or retaliate against the plaintiff for having exercised his constitutional right; (4) that the plaintiff was h...
2022.11.15 Demurrer 079
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2022.11.15
Excerpt: ...es of action for (1) Financial Elder Abuse [Welfare & Institutions Code §§ 15610.07; 15610.30]; (2) Intentional Misrepresentation; and (3) Quiet Title [CCP § 760.020.] Plaintiff, Margaret E. Adkins, is an 82‐ year‐old woman and mother to Defendant Christopher Adkins (“Christopher”). Defendant Diana Jones (“Diana”) is in an unidentified relationship with Christopher, and apparently acted in concert with him. Plaintiff alleges that b...
2022.11.14 Motion to Tax Costs 290
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.11.14
Excerpt: ... any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” Here, plaintiff prevailed after a jury trial and is therefore “entitled as a matter of right to recover costs in any action or proceeding.” (CCP, § 1032, subd. (b).) The question is whether plaintiff is entitled to all the costs sought. A party dissatisfied with the costs claimed may move for an order striking or taxing the costs...
2022.11.14 Motion to Exclude Medical Examiner or Compel Compliance with Stipulation 291
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2022.11.14
Excerpt: ...tenquist, now refuses to comply by turning over the raw data acquired during the exam to Plaintiff's counsel, citing ethical obligations and public policy and safety concerns, and stating that he will only turn over such data to Plaintiff's treating physician or other designated physician. While there is no basis to rescind the stipulation based on the unilateral mistake of Defense counsel, especially where the party seeking relief from the terms...
2022.11.14 Motion to Enforce Settlement 653
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.11.14
Excerpt: ...ject 2009 Ford F150 Super Crew Cab (“Vehicle”) from Defendant Yusef Azizi dba Riverside Car Sales Wholesale (“RCSW””). In conjunction with the purchase of the Vehicle, Plaintiff purchased a service contract from Defendant Preferred Warranties, Inc. (“Preferred). On 3/10/21, with ongoing problems unresolved and Defendants not offering to repurchase the Subject Vehicle, Plaintiff filed her complaint, alleging various violations of the S...
2022.11.14 Motion to Deem RFAs Admitted, for Monetary Sanctions 503
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.14
Excerpt: ... be as complete and straightforward as the information reasonably available to the responding party. Each answer must admit as much of the matter as true, deny as much of the matter that is untrue, and specify to as much of the matter that the responding party lacks sufficient information to admit or deny. (Id.) All three responses indicate that they cannot admit or deny the request, but then go on to deny some facts (Defendant did not direct or ...
2022.11.14 Motion to Compel Further Responses 532
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.11.14
Excerpt: ...hose information. He also seeks sanctions in the amount of $1,050.00. In opposition, Defendant argues that the purported discovery issues have already been addressed by the Court during the Informal Discovery Conference (“IDC”) on September 16, 2022. He argues that, during the IDC, the Court overruled the objections and ordered him to provide his driving records and violations for the past 10 years. In reply, Plaintiff concedes that the parti...

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