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Location: Riverside x
2023.10.16 Motion for Leave to File Amended Complaint 112
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.16
Excerpt: ...pment Co. LLC ("Skyline"), alleging (1) breach of governing documents and (2) breach of fiduciary duty. On 6/12/2019, after the Court sustained Defendant Skyline's demurrer, Plaintiffs filed their First Amended Member Derivative Complaint ("FAC") against Defendants Skyline, Jennifer Roberts ("Roberts"), and David Gilbert ("Gilbert") (collectively, "Defendants"), alleging (1) breach of governing and violation of the Davis-Stirling Act (l); (2) bre...
2023.10.16 Demurrer on FAC 656
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.16
Excerpt: ... of the accident. At that event they served alcohol to Defendant Arnold Vivas. Arnold is Ronald's younger brother. When Arnold drove away from the event, he was intoxicated. While driving he struck the Heynens' car, which Joanna Heynen was driving. Joanna was pregnant at the time. The Heynens' car was totaled. The operative complaint alleges three causes of action, only two of which are as against demurring defendants, Ronald Vivas and Civet Gonz...
2023.10.16 Demurrer 604
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.16
Excerpt: ...r repair. (ld. at 12.) On 4/14/2022, CarMax informed Nix that they are unable to fix the vehicle and would sent it to Defendant Walter's Auto Sales and Service, Inc. ("Walter's"). (ld. at '1 13.) CarMax and Walter's allegedly retained possession of the vehicle from 4/14/2022 to 4/27/2022. (ld. at 14.) On 4/27/2022, Plaintiff picked up the vehicle and assumed it was fixed. (ld.) On 5/8/2022, Nix and her two minor children, Burton (collectively, "P...
2023.10.16 Motion for Attorney Fees 874
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.16
Excerpt: ... of action under the Song Beverly Act (SBA): 1) violation of Civ. Code S 1793.2(d); 2) violation of Civ. Cade S 1793.2(b); 3) violation of Civ. Code S 4) violation of Civ. Code SS 1791.2(a), 1794; and 5) breach of the implied warranty of merchantability. Plaintiff asserts that after nearly a year and a half of litigation, the parties agreed to settle the matter. GM agreed to repurchase Plaintiff's vehicle, and pay him a civil penalty for not doin...
2023.10.13 Peremptory Writ of Mandate 004
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.13
Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer." (C.C.P. 51094.5(a).) An agency's decision can be only challenged on the grounds that: (1) the agency without or in excess of its jurisdiction; (2) the agency' did not conducta fair trial; (3) the agency did not proceed in the manner required by aw; (4) the decision is not supported...
2023.10.13 Motion to Tax Costs 778
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.13
Excerpt: ...c filing when a party is represented by counsel in a civil matter. Defendants are thus entitled to their electronic filing fees. Moreover, the 2/3/23 trial date was vacated on 9/7/22, and Defendants are entitled to the filing fees on the two disputed discovery motions. Motion is DENIED as to the request to tax filing and motion fees. Motion to tax is DENIED as to costs. Defendants are entitled to said costs under CCP S and Plaintiff fails to esta...
2023.10.13 Motion to Strike, Demurrer on FAC 218
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.13
Excerpt: ...motion to strike. As part of the meet and confer process, Defendant shall identify all of the specific causes of action that believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for his position that the pleading is legally sufficient or, in the alternative, how the Complaint could be amended to cure any legal insufficiency. After meeting and conferring, Defendant sh...
2023.10.13 Motion to Strike Court Order and Enter Judgment for Sanctions 278
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.13
Excerpt: ... parties were to pay to the attorney-client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Wynne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285mo) within 60 days of the executon of the Binding Term Sheet. (Complaint...
2023.10.13 Motion to Strike 772
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.13
Excerpt: ...other, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Pro#rty") and continued contributing to the mortgage every Page 5 of 7 month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp., 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Ex...
2023.10.13 Motion to Compel Arbitration 921
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.13
Excerpt: ...filed forthwith, but one has not yet been filed. This is a PAGA acton. Plaintiff Cynthia Miller alleges she was employed by defendant Barry's Security Services, Inc. from May 2021 to June 2021 as a non-exempt employee. During her employment, Defendant allegedly failed to pay overtime, failed to provide meal and rest periods, failed to pay minimum wages, failed to pay timely wages during employment and upon termination, failed to provide accurate ...
2023.10.12 Motion for Judgment on the Pleadings on FACC 940
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.12
Excerpt: ... first cause of achon is for administrative mandate and for a stay of enforcement. CrossDefendants no longer own the property that is the subject of this action, and have no basis to seek writ relief or a stay of any actions as against the property. This property is also now the subject of a receivership, and the receiver has tasked with remediating the hazardous conditions on the property to bring it into compliance with all local and state heal...
2023.10.12 Demurrer 704
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.10.12
Excerpt: .... (Complaint, 40.) "The only remedy afforded by section 2923.5, is however, a one-time postponement of the foreclosure sale before it happens." Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 77. he property at issue has already been foreclosed on. (ld. at 26 and 28.) As such, this cause of acton falls. 2COA: Selene and U.S. Bank contend there is no private right of action under Civil Ctxle S See Lucioni v. Bank of America, N.A....
2023.10.12 Demurrers 901
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.12
Excerpt: ...45.) A week later, Myers develo#d a low-grade fever and some wheezing and coughing. (946.) Myers went to Eisenhower Health on February 19, 2021. (947.) Myers' physicians administered a COVID-19 "protocol" over the next four days which included use of the drugs Remdesivir, Dexamethasone, and Tocilizumab. (950.) Plaintiff alleges these drugs carried substantial risks and were not necessary or appropriate to treat Covid-19. (11923-39.) Plaintiff all...
2023.10.12 Demurrers, Motions to Strike 637
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.12
Excerpt: ...dural background: On 1/30/2023, the Molinas filed their First Amended Cross-complaint ("FACC") against the Cross-Defendants, alleging the same ten causes of action. CrossDefendants subsequently filed a demurrer to the FACC, which the Court sustained again with leave to amend. On 5/31/2023, the Molinas filed their Second Amended Cross-complaint ("SACC") against the Cross Defendants, alleging the same ten causes of action. State Farm demurrers to t...
2023.10.12 Motion for Discovery 483
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.12
Excerpt: ...t, and made a timely demand for UIM benefits, and arbitration under his auto Defendant, Interinsurance Exchange of the Automobile Club (Exchange) has failed and refused to engage in contractual binding arbitration. Plaintiff filed his Complaint on 7/7/23 alleging four causes of action: 1) an order to compel UIM binding arbitration; 2) an order appointing an arbitrator; 3) an order that arbitration be completed by a date certain; and, 4) an order ...
2023.10.12 Motion to Bifurcate Issues of Liability 952
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.12
Excerpt: ... Plaintiff opposes. Legal authorities and analysis: CCP S 1048(b) provides as follows: " „ in furtherance of convenience or to awid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...
2023.10.12 Motion for Leave to Amend Complaint 005
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.12
Excerpt: ...warden summit Homeowners Association ("HOA"). The Bodewins allege the subject property is landlocked, with the north, east and southern boundaries shared with homes owned by HOA members. To the west, the property is bordered by Bodewin Court, a private street owned by the HOA, and which the Bodewins contend is the only point of access to the subject property. The City had previously used the property as a water reservoir and held limited easement...
2023.10.12 Motion for Summary Judgment 554
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2023.10.12
Excerpt: ...ence of the contract, (2) plaintiff's performance or excuse for non#rformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402.) The CC&R forms a contract between the association and the homeowner. (Franklin v. Marie Antoinette Condominium Owners Assn. (1993) 19 Cal.App.4th 824, 828.) "The rights and responsibilities of contracting parties are deter...
2023.10.12 Motion for Summary Judgment on SAC 004
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.12
Excerpt: ...proper medical treatment, as Dr. Largoza denied requests for medical service. Dr. Kuersten denied his requests for medical tests, blood work and CT scans. The SAC complaint, filed 3/21/22, asserts: (1) general negligence (against Mariana Lotersztain); (2) general negligence (against Nonato Largoza); (3) general negligence (against Martin Kuersten); (6) general negligence (against Wade Faerber); (8) general negligence (Chancellor Daniel, P&S, Cali...
2023.10.12 Motion to Strike Complaint 946
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.12
Excerpt: ... meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow defense counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. To support a demand for punt-ive damages under Civ. Code 53294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in (Civ. Code 53294(c).) As defined in t...
2023.10.12 Motion to Strike FAC 908
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.12
Excerpt: ...red by experts designated by State Farm in its initial expert disclosure, and Plaintiff has not previously listed any expert on these subjects. "After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's expert trial witnesses to exchange by all parties of a list containing the name and address of any natural person, including...
2023.10.12 Motion to Tax Costs 622
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.12
Excerpt: ...uled in favor of Plaintiffs and against the defendants (other than Cardenas) on their breach of contract and fraud claims. However, the Court ruled in favor of Cardenas and against Plaintiff on the quiet title claims, finding that Cardenas is a bona fide encumbrancer and purchaser and deeds of trust took priority over that of Plaintiffs' liens. The Court ordered that title to all three subject properties be quieted in Cardenas as of July 24, 2018...
2023.10.11 Motion for Summary Judgment 058
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.11
Excerpt: ...ubmitted in the Reply. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (21W6) 137 Cal.App.4th 292, 318.) Premises liability is a form of negligence. Accordingly, the elements of a claim for injuries suffered by an invitee due to a dangerous condition on the premises (whether natural or artific...
2023.10.11 Demurrers 878
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.11
Excerpt: ... demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." Here, Defendant neglected its duty to meet and confer as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrele...
2023.10.11 Demurrers to SAC 608
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.11
Excerpt: ... name of his solely owned corporation (The 26th Corp.) while Aquino took title in the names of his corporations, partnerships, and trusts. Page 5 of 11 Plaintiffs allege that Aquino's entities are shams and alter egos for him. The relationship continued until 2008 when Aquino allegedly started a feud with Whitney. On 3/19/08, Aquino sued U.S. Bank and Whitney in Orange County alleging that Whitney forged Aquino's signature on a check for $450,000...
2023.10.11 Motion for Preferential Trial Setting 157
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.11
Excerpt: ...eral Motors, LLC ("GM"). On February 19, 2023, Plaintiff crashed the subject vehicle into a parked car causing the airbags to deploy. Plaintiff alleges that the airbags were negligently designed or manufactured such that Plaintiff suffered horrible fourth degree burns on her legs as well as other injuries. On June 20, 2023, Plaintiff filed her Complaint. She asserts eight causes of action for: (1) Strict Liability—Manufacturing Defect; (2) Stri...
2023.10.11 Motion for Summary Judgment 029
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.11
Excerpt: ...F MADISON BALESTRACCI BY Joseph E. Glaser, M.D. Tentative Ruling: The Court grants all three unopposed motions for summary judgment. Defendants are ordered to submit proposed orders/judgments within 10 court days. FACTUAL/PROCEDURAL CONTEXT Plaintiff Madison Balestracci ("Plaintiff' of "Madison"), by and through her Guardian ad Litem, Kate Balestracci ("Katie"), filed the complaint (the "Complaint") in this medical malpractice action on December ...
2023.10.11 Motion to Compel Responses, to Deem RFAs Admitted 284
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.11
Excerpt: ...CENTER, INC. MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DNUMENTS AND THINGS TO DEFENDANT SAEED MIRGHAFOURI (SET ONE) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT SAEED MIRGHAFOURI (SET ONE AND SET TWO) CVR12103284 VAZQUEZ VS NORCO TRUCK CENTER, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES TO DEFENDANT AUTOMOTIVE CREDIT CORPORATION (SET ONE) CVR12103284 VAZ...
2023.10.11 Motion for Summary Judgment 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.11
Excerpt: ...yesaha Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity ("APA") and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regents") was aware of APA's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("E-Nunu"), was himself an APA member and helped recruit members, including Tyler,...
2023.10.11 Motion to Tax Costs 306
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.11
Excerpt: ... Filing & Motion Fees: $520.04 Jury Fees: $266.91 Deposition costs: $15,627.64 service of Process: $2,601.70 Witness Fees: $101,518.90 Other (subpoenas, transcripts, trial tech): $94,959.58 Plaintiff brings the instant motion to tax costs contending Defendant's January 13, 2021 CCP 5998 offer was invalid. Plaintiff argues the 998 offer was not made in good faith. Plaintiff further argues the amount of costs is unreasonable, citing the unreasonabl...
2023.10.11 Motion to Quash Subpoenas 144
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.11
Excerpt: ...to Samuel Son & Company located in Illinois. Then, on June 12, 2023, Defendant served five additional subpoenas for production of business records to: Samuel Son & Company; Samuel Son & Company/Sierra Aluminum; JCR Law Group-Glendale; The Travelers Indemnity Company, Inc.; and Marriott International. By way of these subpoenas, Defendant seeks Plaintiff's employment and insurance records. Plaintiff brings the instant motion to quash the subpoenas ...
2023.10.11 Motion to Require Undertaking 678
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.11
Excerpt: ...n, (5) unjust enrichment, (6) negligence, and (7) gross negligence. As against the moving Defendants Qilin Chang and Golden Taste LLC, Plaintiff asserts the causes of action for declaratory relief, conversion, unjust enrichment, and gross negligence. Moving defendants Qilin Chang and Golden Taste, LLC bring the instant motion, seeking an order requiring Plaintiff to file an undertaking. The motion is made pursuant to Code of Civil Procedure S 103...
2023.10.11 Motion to Tax Costs 176
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.11
Excerpt: ...) and/or Rush Truck Leasing ("Rush"). The complaint asserts two negligence causes of action. The matter went to trial in June 2023. The jury found that Padilla was negligent and was acting within his course and scope of employment with Costco. It found that Plaintiff had been damaged in the amount of $3,499,200.75. Padilla and Costco were found jointly and severally liable for this amount. On 8/22/23, Plaintiff filed a memorandum off costs, seeki...
2023.10.11 Motion to Compel Depositions 715
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.11
Excerpt: ... on its behalf as to matter on which the examination is requested.l The deposition notice must "describe with reasonable particularity the matters on which examination is requested." (Cal. Code Civ. Pro. S 2025.230.) The entity is then under a duty to designate and produce the officers, directors, managing agents or employees "most qualified" to testify on its behalf having knowledge of such matters. (ld.) Cal. Code Civ. S 2025.450(a) permits a p...
2023.10.10 Motion to Compel Responses 137
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.10
Excerpt: ...ember 10, 2020 automobile accident. On April 20, 2023, Plaintiff served Defendant with Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by two separate motions to compel Defendant to provide initial responses to FROGS and RFPs. Plaintiff requests an award of sanctions in the amount of $2,060 on each motion ($4,120 total). In...
2023.10.10 Motion to Add Party as Judgment Debtor 575
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.10
Excerpt: ...it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code." Under this code section, judgments can be modified "under the 'successor corporation' theory." Wolf Metals, Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, ...
2023.10.10 Motion for Summary Judgment 778
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.10
Excerpt: ...et for 10/10/23, which is less than 30 days the trial date of 11/2/23. However, the court has the authority to permit a later hearing. (aeroiz v. Wahl 84 Cal.App.4th 485, 493, fn 4.) Therefore, this argument fails. 1st and 2nd Cause of Action-Breach of Contract: Johanson argues that Plaintiff cannot prove a breach of contract claim because it failed to attach the contract to the Complaint, which shows there was no contract and no contract can be ...
2023.10.10 Motion for Reconsideration, Demurrer 191
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.10
Excerpt: ...lysis: "[Mlotons for reconsideration under [CCP S and renewed motons under [S 1008(b)] are closely related. (See Tate v. Wilburn (2010) 184 Cal.App.4th 150, 159 [internal citations omitted].) "A party filing either a motion under [S 1008(a) or is seeking a new result in the trial court based upon 'new or different facts, circumstances, Page 4 of 6 or law."' (ld. at 160 [citing CCP SS 1008(a) & (b)l.) The moving party must show "by affidavit what ...
2023.10.10 Motion for Leave to Amend 394
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.10
Excerpt: ... pleading or pretrial conference order." (CCP 5576.) Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does ...
2023.10.09 Motion to Compel Further Responses 329
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.09
Excerpt: ...d a supplemental response following the filing of the Motion on September 26, 2023. (If Plaintiff believes the supplemental responses remain deficient, he must file new motions to compel after meeting and conferring.) As to Sanctions, Plaintiff is awarded a reduced reasonable amount of $810 (2 x $375 plus filing fee $60). The Motion to Compel Further Responses to RFPs is granted in part and denied in part. Defendant is ordered to provide further ...
2023.10.09 Demurrers, Motion to Strike 659
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.09
Excerpt: ...r, 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. (Crowley v. Katlem...
2023.10.09 Motion for Relief from Judgment 113
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.09
Excerpt: ...med Incryo, a business based in India, would know of any law or regulation preventing it from paying the $250,000 settlement by 11/5/21. (ld. 10.) Smith also assumed that was going to pay the entire $250,000 settlement before the deadline. (ld. '1 8.) Smith asserts that the payment was ready to be made, but was unexpectedly delayed by the Reserve Bank of India due to a regulatory obstacle that prevented Incryo from making the $250,000 transfer fr...
2023.10.09 Motion for Summary Judgment, Adjudication 493
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.09
Excerpt: ...er replace, repurchase, or repair" Plaintiffs vehicle. (Ranke" Decl. Ex. D.) The letter was addressed to Miriam Arreola and was sent to her email. However, no evidence is offered that shows Plaintiff Jorge Francisco Arreola was ever sent a similar letter. Thus, Defendant has not met its initial burden with respect to Plaintiff Jorge Arreola. b. Did Kia's December 8, 2020 letter constitute an offer? Kia provides a copy of the letter sent to Plaint...
2023.10.09 Motion to Tax Costs 660
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.09
Excerpt: ... for relief sought 1) permanent injunction against Defendant prohibiting them from making any claims of increased performance through use of its replacement filters; 2) permanent injunction against Defendant prohibit claims that its replacement filters perform better than any original equipment filter or replacement filter sold by a vehicle manufacturer; 3) other injunctive relief deemed necessary and appropriate; 4) restituton for lost sales of ...
2023.10.09 Motion to Compel Further Responses 454
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.09
Excerpt: ... to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (ld. at S 2031.310(b)(1).) he burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the resp...
2023.10.09 Motion to Compel Responses, to Deem RFAs Admitted 089
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.09
Excerpt: ... 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. This is a wrongful termination case by Plaintiffs Ki Burton and Paul Crawford alleging five causes of action against Defendant Eisenhower Medical Center for: 1) failure to accommodate/medical discrimination, 2) failure to accommodate/religious creed discrimination, 3) genetic information discriminat...
2023.10.09 Motion to Strike Supplemental Expert Witness Designation, Joinder 273
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.09
Excerpt: ... Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to reconstruction of the event and biomechanical issues. • As to witness Guentzler, the Court finds that Plaintiff shall be permitted to designate this additional witness as a rebuttal witness whose testimony would be limited to issues related to anticipated use testing, standard engineering principles. •...
2023.10.09 Motions to Compel Deposition of PMK 812
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.09
Excerpt: ..., 25, 28, 29, it is denied. All other RFAs are moot. As to sanctions, it is denied. Plaintiff's motion to compel further responses from the Regents to form interrogatories sets one —three is granted; as to subpart (b) to form interrogatory no. 15.1 and order Regents to provide the contact information for the witness within 30 days. All other interrogatories are Sanctions awarded to Plaintiff and against Defendants and their counsel of record in...
2023.10.06 Demurrer 393
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.10.06
Excerpt: ...nding the employment relationship in question." Vernon v. State of California (2004) 116 Cal.App.4th 114, 124-125. The keystone of the employment relationship is the requirement that the employer exercise direction and control over the person's work. Bradley v. Dept. of Corrections and Rehabilitation (2008) 158 Cal.App.4th 1612, 1625. Other factors to consider in determining whether a secondary employer may be liable in an employment action inclu...
2023.10.06 Motion for Summary Judgment, Adjudication 954
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.06
Excerpt: ...o be sold to Plaintiffs the Vehicle without disclosing that the Vehicle and its transmission was (sic) defective and susceptible to sudden and premature failure." (ld., '1 37.) The Complaint alleges that Ford "acquired its knowledge of the Transmission Defect prior to Plaintiffs acquiring the Subject Vehicle, through sources not available to consumers such as Plaintiffs, including but not limited to pre-production and post-production testing data...
2023.10.06 Motion to Consolidate 443
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ...ted at 1415 Via Vallarta, Riverside, CA 92506 (the "Property"). (First Amended Complaint filed on August 23, 2023 ["FAC"] 3, 9.) In 2015, Amie purchased the Property for $555,000 with cash and a private loan of $450,000 secured by a deed of trust ("2015 Deed of Trust"). (ld. at '111.) Plaintiff David Lonsdale ("David"), an unmarried man, allegedly performed numerous repairs to the Property using his personal money and labor, and therefore, allege...
2023.10.06 Motion for Trial Preference 862
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.06
Excerpt: ...er 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. Code of Civil Procedure section 36, subdivision (f) further provides: upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no contnuance beyond 120 days from the granting of the motion for preference except for physical disability of a ...
2023.10.06 Motion to Compel Compliance with Subpoena for Financial Info 863
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.06
Excerpt: ... property that Judgment Debtor and his family rented and occupied from December 2019 — September 2021. The SDT seeks information in Acorn's possession and control including "lease applications, credit checks, background checks, bank references, personal references, lease agreements, and lease modifications or amendments." It also seeks records "concerning or related to payments received from the Judgment Debtor" or made by Acorn "to the Judgmen...
2023.10.06 Motion to Strike, Demurrer 908
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.06
Excerpt: ...th Cause of Acton, item 40, 'Attorney's fees, witness fees and costs of litigation incurred by Plaintiffs to obtain policy benefits in an amount to be determined at trial' because the FAC fails to allege a contract between Plaintiffs and DKI providing for attorney fees to the prevailing party." The eighth cause of acton is for negligence. Plaintiff has not pleaded any basis for recovery of attorney fees under a negligence theory. The motion is gr...
2023.10.06 Motion to Expunge Lis Pendens 149
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ...iff Northgate Gonzalez, LLP which operates Northgate Market, a Hispanic supermarket (hereinafter collectively "Northgate"). Defendant Magnolia Partnership, LLC ("Magnolia") owns real property located at 10411-10481 Magnolia Avenue, William Lee Dieterle as trustee ofthe Dieterle Family Trust ("Dieterle") owns property located at 10485 Magnolia, and LMP Realty Advisors LLC ("LMP") owns property located at 10403 Magnolia. The predecessors-in-interes...
2023.10.06 Motion to Stay Action Pending Appeal 753
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.06
Excerpt: ...e irreconcilable with the results of a trial that took place in Balfour Beat-tvs absence. If trial is not stayed and proceeds before such a result comes down from the Court of Appeals, Plaintiff notes a second trial would have to be held and argues a "separate trial could result in contrary and conflicting rulings. Different evidence could be used, different jury members could result in irreconcilable outcomes regardless of the same evidence, and...
2023.10.06 Motion to Strike 772
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.06
Excerpt: ... In October 2012, Thelma and her mother, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Property") and continued contributing to the mortgage every month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp. , '1 7.) The deed of trust was recorded on October 3, 2012, and names D...
2023.10.06 Motion to Vacate or Modify Renewal of Judgment 675
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.06
Excerpt: ... make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court." (Cal. Rules of Court, rule 3.1306(c).) Plaintiff requests that the Court take judicial notice of the complete file in the judicial records in this case, without specifying which records, and hence fails to comply with rule 3.1306. Request for judicial notice is DENIED. I...
2023.10.06 Special Motion to Strike 444
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.06
Excerpt: ... attorneys, sent notice and administrative citations alleging violation of the JVMC, including but not limited to section 8.05.030 (Calfornia Building code section 105.1.3), section 9.240.510, section 9.125.050, Section 9.240.480, Section 9.240.250, and Section 5.05.030. At the times of the issuances of these notices and citations, Cross-Defendant City employed an administrative adjudicative system that was contrary to the common law and violated...
2023.10.06 Motion to Set Aside Judgment 777
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.10.06
Excerpt: ...ation that state law and the governing documents of two common interest developments ("CIDs") permit Pettioners Matthew and Rebecca Parsons to rent their property as an STR without a thirty- day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction...
2023.10.05 Motion to Compel Further Responses 974
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.05
Excerpt: ...not addressed in the moving papers and is therefore not properly before the Court. Responses to these Demands 1-5, 6-8, 17-20, 26, 36, 44-52, and 50 are not Code compliant. The party to whom a demand for inspection, copying, testing, or sampling has been directed shall separately to each item or category of item by any of the following: [91 (1) A statement that the party will comply with the particular demand.... [q] (2) A representation that the...
2023.10.05 Motion to Compel Deposition 452
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.05
Excerpt: ...r, where the moving papers are served by email, as in the present case, the 16-day period of notice before the hearing shall be increased by two court days. (CCP S 1010.6(a)(3)(B).) In the present case, the present motion to compel was served by electronic service on September 14, 2021 — just fourteen days before the scheduled hearing (4 days to late). Accordingly, the motion is denied on the ground of defective service. Moreover, under CCP S 2...
2023.10.05 Motion to Appoint Receiver on FAC 459
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.05
Excerpt: ...ator for the Estate of Edward James Schloss ("Plaintiff or "Judgment Creditor"). (Hellmich Decl. 2.) Defendant Quantum Materials Corp. ("Quantum") isa Nevada corporation with its principal place of business in Texas. (ld. at '14.) Solterra Renewable Technologies, Inc. ("Solterra") is a Delaware corporation with its principal place of business in Texas. (ld. at 6.) Solterra is Quantum's wholly owned subsidiary. (ld.) Defendant Stephen Squires ("Mr...
2023.10.05 Motion for Summary Adjudication 612
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.05
Excerpt: ...Tail Lifts GMBH and Palfinger USA, LLC were added as Does 2 and 3, respectively. Defendant Palfinger North America was named as Doe 4, but was not filed or served. Charles alleges that at 1627 South Hargrave Street in Banning on October 24, 2019, he was injured by an Interlift liftgate model number ILF-55, which was attached to a 2011 Freightliner vehicle owned by the County of Riverside. Charles alleges he was in the process of performing a pre-...
2023.10.04 Demurrer, Motion to Strike 625
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.04
Excerpt: ...ff twice in one night with no sitter ordered (FAC 912-13), and on the next day, he fell and suffered a laceration and hemorrhage (FAC 914). Plaintiffs generically allege that Defendant failed to assess his medical needs and refused to follow his care plan, failed to implement fall prevention policies and procedures, withholding care by failing to seek emergency' advice, and understaffing the facility. (FAC 921.) There are no facts to support that...
2023.10.04 Demurrer 108
Location: Riverside
Judge: Harmon, Christopher
Hearing Date: 2023.10.04
Excerpt: ...CCR, All SMILES, TAPO, SHERMAN OAKS HOSPITAL, DR. FARAHMANDIAN, ISREALA and DR. LADINES" as defendants. (See Complaint, 143, 144.) Defendant claims that this makes the pleading uncertain. There is only one Defendant named in the caption of the Complaint, which makes the inclusion of these entities very confusing. Further, Defendant contends that the Complaint alleges time frames from 2013 and 2014 as well as August 2021 and Defendant is left unab...
2023.10.04 Demurrer on FAC, Motion to Strike 003
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...ve damages. The Court orders Defendant to file its answer within 20 days. Factual / Procedural Context: Plaintiff German Mendoza Gracia alleges that on May 24, 2021, he purchased a 2019 GMC Sierra with a defective transmission. On June 26, 2023, Plaintiff filed his operative First Amended Complaint for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act— Breach of Implied Warranty; (3) Violation of...
2023.10.04 Demurrer to FAC 599
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...text: This is a wrongful death/personal injury achon by successors in interest to Decedent Robert Alexander arising out of a motor vehicle versus bicyclist. Plaintiffs Kristi Alexander and Kelsey Gregg's First Amended Complaint alleges two causes of achon for 1) motor vehicle negligence, and 2) dangerous condition of public property. Defendant State of California, on behalf of the Department of Transportation, demurs to the 2nd cause of action in...
2023.10.04 Demurrer, Motion to Strike 451
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.04
Excerpt: ...onnel. However, these non-specific conclusory facts are insufficient to allege a cause of action for elder abuse within the meaning of the Act. Plaintiffs factual claims still do not rise to the level of egregious conduct required by the Supreme Court of California to plead a cause of action for elder abuse under the Act. As with the FAC, Plaintiff's SAC lays out a multitude of care that she received during her various hospitalizations to LLUMC-M...
2023.10.04 Motion to Compel Further Responses, for Sanctions 912
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.04
Excerpt: ...lemental responses to the request for production of documents at issue. While the parties have continued to debate the merits of the original responses, the proper recourse is for the parties to meet and confer over the supplemental responses and file another motion to compel further responses, if necessary. See CCP S 2031.310(c). under CCP 52031.310(h), the court is required to impose sanctions against the opposing party that is unsuccessful, un...
2023.10.04 Motion for Preferential Trial 571
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.04
Excerpt: ...r restraining and preventing any expenditure of funds received by a school district through the sale of bonds authorized by [Proposition 391." (Ed. Code, S 15284(a).) "An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law." (Ed. Code, S 15284(b).) Here, the parties appear to agree that under Educ. Code S 15284(b) the case is...
2023.10.04 Motion for Reconsideration of Demurrer 633
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.04
Excerpt: ...rside (County), and Douglas Nguyen, M.D. (Dr. Nguyen) for diagnosis and treatment of her medical condition. Plaintiff alleges she was given an injection at the hospital, but she was not advised not to drive, as required by medical standards. While driving home, Plaintiff blacked out and was involved in a serious motor vehicle accident. Plaintiff filed her Complaint on 6/28/22 alleging a single cause of action for professional negligence. The Cour...
2023.10.04 Motion for Summary Judgment, Adjudication 964
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.04
Excerpt: ...ses of action; DENY as to the 1st and 5th causes of achon. SOL: Defendant contends the limitations period is one year, but mistakenly relies on the prior version of Gov. Code S 12960. (See prior version of Gov. Code S 12960(d).) As of January 1, 2020, the time limit for filing FEHA claims with the California Civil Rights Department is three years from the unlawful act. (Gov. Code S 12960(e)(5),(5).) The "unlawful act" about which Plaintiff compla...
2023.10.04 Motion to Compel Answers 151
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2023.10.04
Excerpt: ...n this breach of contract action on August 29, 2022 against defendant Joseph Tash ("Defendant"). On May 23, 2023, Plaintiff served Defendant with Special Interrogatories ("SROGs"), Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, resulting in Plaintiff's filing his present motions to compel (MTC). Defendant filed his oppositions to the motions to compel and Plaintiff filed his repl...
2023.10.04 Motion to Quash 730
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.04
Excerpt: ...s operated from the Anza property. (ld. 3.) Smith was aware that Silvester ran other businesses from the property including HerbSharks, a Wyoming entity. (ld. 4.) Smith declares that in 2019, Silvester discussed a new business venture involving a hemp farm in Colorado, and solicited him to invest, which he wanted to do, but could not do financially. (ld. 5.) Smith has independently established that Silvester resided at the Anza property during th...
2023.10.03 Demurrer, Motion to Strike 829
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2023.10.03
Excerpt: ...o assess the Plaintiff's skin after fraudulently indicating that he was suffering from pressure ulcers on admission, failed to rotate or reposition the Plaintiff's legs and falling to manage the Plaintiff's pain or obtsn a pain management consultation. (Comp., '133.) Further, the Plaintiff asserts that the Defendant failed to revise and update his care plan. (Ibid.) The Plaintiff contends that the hospital was understaffed. Plaintiff also alleges...
2023.10.03 Motion for Preferential Trial Setting 364
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.03
Excerpt: ...") in this action on April 5, 2019 against defendants Compass Health Care Brands Corporation ("Compass"), Invacare Corporation (erroneously named as Invacare Corporation) ("Invacare") and Eisenhower Medical Center ("EMC") (collectively, "Defendants"). Plaintiffs allege that on April 22, 2017, Bernard and his daughter (Victoria) were visiting a relative at EMC in Rancho Mirage. (Complaint, 12.) Bernard, who had been recovering from surgery, was ut...
2023.10.03 Motion for Summary Judgment 673
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.10.03
Excerpt: ...Nielsen alleges he was assaulted and beaten by the general population inmates despite being in the care and presence of a Deputy (John Doe). Plaintiff alleges Deputy Doe made him enter the elevator even though he was in protective custody. Plaintiff alleges he suffered various injuries from this attack, including severe degenerated discs in his back. Plaintiff filed the original Complaint on 4/25/22 and the operative First Amended Complaint (FAC)...
2023.10.03 Motion for Preliminary Injunction 571
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.03
Excerpt: ...2023-24 Adopted Budget. (Listed in RJN as 2nd Request Number 2.) 4) Ballot materials relating to Riverside unified School District Measure O, including the measure's full text, the impartial analysis, and argument in support of the measure. 5) RUSD's June 14, 2023 report to the Citizens' Bond Oversight Committee. 6) RUSD's April 10, 2018 report tothe Citizens' Bond Oversight Committee. 7) RUSD's June 14, 2023 presentation to the Citizens' Bond Ov...
2023.10.03 Motion to Set Aside Default 677
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.10.03
Excerpt: ...er, or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. A motion under this section must be accompanied by a proposed pleading. C.C.P. S473(b). A mistake of law or fact can be the basis of relief under C.C.P. S 473(b), but it must be a re...
2023.10.03 Motion to Disqualify 000
Location: Riverside
Judge: Knight, Joshua A
Hearing Date: 2023.10.03
Excerpt: ...ication for conflict of interest based on a prior (successive) or current representation. (Lynn v. George (2017) 15 Cal.App.5th 530, 537.) Generally, the moving party must have or must have had an attorney-client relationship with the attorney. (Great Lakes Construction, Inc. v. Burman (2010) 186 cal.App.4th 1347, 1356; Dino v. Pelayo (2006) 145 cal.App.4th 347, 352; Cornish v. superior court (1989) 209 Cal.App.3d 467, 478.) Some courts, however,...
2023.10.02 Motions to Strike 343
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.02
Excerpt: ... Homeowners Association and The Management Trust (collectively "HOA"), the causes of action for (1) negligence (3rd cause of action), (2) trespass (4th cause of action), and (3) private nuisance (5th cause of action). HOA moves to strike portions of Plaintiffs' Complaint concerning the request for award of punitive damages and attorney's fees. "[A] motion to strike is generally used to reach defects in a pleading which are not subject to demurrer...
2023.10.02 Motion to Set Aside Default on Complaint 595
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.02
Excerpt: ...inst defendants Reverse Mortgage Funding, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subject property on Gateway Drive in Palm Springs (the "Property") with Argent Funding. (Complaint, 7.) Plaintiff alleges that the loan was "fraudulent," although she does not elaborate. (Com...
2023.10.02 Motion to Set Aside Default 516
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.02
Excerpt: ...f this action is a mobile home presently located at 5925 Mission Drive, Space 21 in Riverside, which has an estimated fair market value of $45,000 or more, and is subject to an HCD lien in an amount that is undetermined. Plaintiff alleges that during her lifetime Adela Hernandez was being cared for by her daughter, Adelita Lucero (Plaintiff), who was the only one of Adela's children that assisted her with daily living activities. It is alleged th...
2023.10.02 Motion for Summary Judgment on SAC 006
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.10.02
Excerpt: ...18, Defendant entered into a written lease (the "Lease") for a unit ("Unit" or "Premises") at the property (the "Property") located on Hobsonway in Blythe, CA owned by Blythe Internal Medicine Clinic ("81MC"). (SAC, '1 26-27, Exhibit C.) Plaintiff thereafter acquired the Property from BIMC on August 26, 2021. (SAC, 23.) The Lease provides for an initial term of one year and renews automatically unless changed by the mutual agreement of the partie...
2023.10.02 Motion for Summary Judgment 244
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.10.02
Excerpt: ... a medical practitioner who had permission from Defendant Eisenhower Medical Center ("EMC") to perform the invasive procedure on their premises Said suture caused a severe and lasting systemic infection which resulted in years of medical complications for the plaintiff. Plaintiff Gard has suffered medical expenses and pain and suffering as a direct result of the alleged negligence of Dr. llbeigi and EMC. Plaintiff filed a Complaint on June 2, 202...
2023.10.02 Demurrers 819
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2023.10.02
Excerpt: ...e was financed with a loan from BMC Mortgage, lnc„ which was secured by the property. Richard, the borrower, died on November 7, 2021. On September 15, 2022, Defendant Western Progressive Services LLC recorded a Notice of Default on of Defendant PHH Mortgage Corp. Thereafter Plaintiff recorded the Order awarding him the property. Plaintiff contacted PHH seeking to cure the default, but PHH refused to speak to Plaintiff because he was not the bo...
2023.09.29 Motion for Summary Judgment 864
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.29
Excerpt: ... contended that the action has no merit or that there is no defense to the achon or proceeding. (Cal Code Civ Proc S 437c(a).) "A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law." (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002-1003.) "The moving party bears the burden of production to make a prima fa...
2023.09.29 Application for Permission to Present Late Claim 026
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...ling southbound on Heacock Street in Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson,l in the course and scope of her employment with Defendant Moreno Valley Unified School District ("MVUSD"), rear-ended Plaintiffs' vehicle, causing a three-vehicle collision. (Pet. '1 2.) Plaintiffs sustained injuries and damages as a result of the collision. (ld.) On August 29, 2022, Plaintiffs retained The Dominguez Firm ...
2023.09.29 Motion for Preliminary Approval of Class Action Settlement 927
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2023.09.29
Excerpt: ... redistributed to Class Members. Counsel appears to have misunderstood this issue. As explained in the CMO, the Court believes that the redistribution of uncashed checks to the members of the class who did cash their checks better serves the public interest than distribution to a cy pres. If the parties chose to use a cy pres rather than the distribution back to class members, the CMO requires an explanation. This explanation was not provided. 3....
2023.09.29 Motion to Quash Subpoena of Records 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.09.29
Excerpt: ...ative and awyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interference; (6) economic in...
2023.09.29 Motion for Terminating Sanctions 669
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.29
Excerpt: ... floor, causing her to get immediate surgery done on her knee. Plaintiff filed the Complaint on February 10, 2022, alleging premises liability and general negligence. Plaintiff contends she sent a letter three days after the incident demanding Defendant to preserve any evidence. Despite admitting in written discovery that there are eight cameras on the property, Defendant failed to produce video depicting the incident claiming that the footage no...
2023.09.29 Motion to Compel Deposition of PMK 383
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2023.09.29
Excerpt: ..., (2) violation of Civil Code S 1793.2(b), (3) violation of Civil Code S 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of implied warranty of merchantability. Plaintiff has filed this motion to compel the deposition of Defendant's Person Most Knowledgeable ("PMK"). Plaintiff contends that he has noticed the PMK deposition multiple times but Defendant refuses to produce a PMK for relevant categories of testimony. Plaintiff c...
2023.09.29 Motion to Vacate and Set Aside Default 849
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...Conference Hearing. Defendant Custom Commercial Solutions, LLC has not yet been served. Plaintiff's counsel should be prepared to discuss the status of service regarding this defendant. Factual / Procedural Context: This is a breach of contract case in which Plaintiff 5th & Mercedes, LLC alleges four causes of achon against Defendants CCS Group, LLC, CCS Executive Suites, LLC, Custom Commercial Page 6 of 21 Solutions, LLC and Robert Cooke for 1) ...
2023.09.29 Petition for Writ of Mandate 683
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.29
Excerpt: ...il of Moreno Valley's (City) 1/18/22 decision to approve the Compass Danbe Centerpointe warehouse project (Project), and to adopt an Initial Study/Mitigated Negative Declaration (MND) for the Project, which consists of construction of two industrial warehouse buildings, which are across the street from residential homes and a charter school. (Petition '1 2.) Real Party in Interest, CORE Holdings 17, LLC (RPI) is the Project applicant. (ld. '1 14....
2023.09.28 OSC Re Sale of Real Property 396
Location: Riverside
Judge: Knight, Joshua A
Hearing Date: 2023.09.28
Excerpt: ...ses of action for breach of contract, common count, claim and delivery, conversion, possession of personal property and declaratory relief. Defendant failed to respond, and a default judgment was entered on May 5, 2021. An amended judgment was entered on September 14, 2022 in the amount of $24,111.25 ("Judgment"). An abstract of judgment was issued on November 1, 2022 and a writ of execution on February 16, 2023. Plaintiff contends the Judgment w...
2023.09.28 Motion to Strike 730
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2023.09.28
Excerpt: ...t Defendant City of Indio ("Defendant" or "City") for Violation of California Labor Code Section 1102.5. Perafan alleges that he was, among other things, subjected to multiple adverse actions and forced to retre by City in retaliation for reporting perjury and other suspected illegal conduct against City's chief of police and assistance chief of police in Perafan's job as a police sergeant on behalf of City. Perafan worked for the Defendant until...
2023.09.28 Motion to Deposit Funds, for Attorney Fees 076
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.28
Excerpt: ... to approximately $556,552.96. (Compl. 11, 13, 15.) The balance of $556,552.96 is the excess proceeds from the sale of a real property (the "subject property") that was sold at a public auction to satisfy unpaid taxes. (ld. at '13.) Defendants Richard Fracasse, Interinsurance Exchange of the Automobile Club, Glenoak Hills Community Association Francis Redmond, Asset Recovery, Inc., and Frank Redmond all filed claims with the Riverside County Trea...
2023.09.28 Motion to Compel Further Responses, for Sanctions 400
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.09.28
Excerpt: ...nership), alleging that improper payments were made to defendants/general partners American Everglow Regional Center, LLC (AERC) and Legend Investment Management, LLC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an ...
2023.09.28 Motion to Compel Further Responses 731
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.28
Excerpt: ...vidence" standards are applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup. Ct. (1982) 31 Cal.3d 785, 790, fns. 7-8.) For discovery, admissibility at trial is not required. Rather, the test is whether the information sought might reasonably lead to other evidence that would be admissible. (Code ...

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