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8484 Results

Location: Riverside x
2022.05.26 Demurrer 463
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.05.26
Excerpt: ...njuries. He alleges the unmarked step was a dangerous condition, that Defendant, knew or should have known of the dangerous/unsafe condition, and failed to warn Plaintiff. The Complaint was filed on 5/19/21 alleging two causes of action for general negligence, and premises liability. Defendant demurrers to the second cause of action for premises liability in the Complaint for failure to state facts sufficient to constitute a cause of action on th...
2022.05.26 Demurrer 110
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.05.26
Excerpt: ...dment is filed within 20‐days, defendant is granted 30 days leave to answer. Defendant's motion to strike punitive damages claim is denied since Plaintiff's Second Amended Complaint does sufficiently set forth a COA for fraud as explained in a separate opinion below (demurrer motion). 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 cour...
2022.05.26 Demurrer 203
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.05.26
Excerpt: ...ish that a proposed class is ascertainable, the class definition must be precise, objective and presently ascertainable. (Global Minerals & Metals Corp. v. Superior Court (2003) 113 Cal. App. 4th 836, 858.) Here, the class is defined as: “All persons who are employed or have been employed by Defendants as non‐exempt telephone‐based employees, in the State of California who, during any time from four years prior to the filing of this class a...
2022.05.25 Motion to Strike Complaint 977
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.25
Excerpt: ... 1‐551‐ 285‐1373 or 1‐646‐828‐7666 Page 6 of 8 • Meeting Number: 161 692 7358 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.river...
2022.05.25 Motion to Compel Arbitration 345
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.05.25
Excerpt: ...agreement or that it was provided to her, and that American Express waived its right to arbitrate. There is no competent evidence to support Dickinson's argument that she was not provided with, or did not receive, the agreement, nor has Dickinson demonstrated any waiver. A petition to compel arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996...
2022.05.25 Motion for Summary Judgment 286
Location: Riverside
Judge: Bermudez, Angel
Hearing Date: 2022.05.25
Excerpt: ... invitee due to a dangerous condition on the premises (whether natural or artificial) are duty, breach, causation, and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) Concerning the elements of duty and breach, a property owner has a duty to exercise ordinary care in using or maintaining his or her property to avoid exposing others to an unreasonable risk of injury; the failure to fulfill this duty is negligence. (Alcaraz v. Vece (...
2022.05.25 Demurrers, Motion to Strike 534
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.05.25
Excerpt: ...es he was experiencing severe pain and vomiting, among other symptoms, and that as a result his wife took him to the emergency room operated by Defendant Desert Regional Medical Center (DRMC). While there, Nunes alleges he was mistreated by an emergency room physician, Dr. Do, a LVN, McDade, and other staff because he is transgender. Plaintiff also alleges that DRMC, and its CEO Finney, are responsible for his harm. Pertinent to this demurrer, th...
2022.05.25 Demurrer 768
Location: Riverside
Judge: Ottolia, Daniel
Hearing Date: 2022.05.25
Excerpt: ...because the First Amended Complaint (FAC) does not allege specific facts, only legal conclusions. (FAC Paras. 67‐73.) For express contract, Plaintiff alleges only that there was an express oral contract that Plaintiff would not be terminated except for good cause. ( Id. at Para. 68.) This does not provide sufficient detail to state a claim. For breach of implied contract, Plaintiff alleges there was such a contract based upon “oral assurances...
2022.05.25 Demurrer 362
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.25
Excerpt: ... or 1‐646‐828‐ 7666 • Meeting Number: 161 692 7358 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/...
2022.05.25 Demurrer 191
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.25
Excerpt: ...called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php Tentative Ruling: The Court sustains Defendant's demurrer. The Court notes t...
2022.05.25 Demurrer 095
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.05.25
Excerpt: ...ng that is subject to demurrer or the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike. (emphasis added). The motion is accompanied by the declaration of Attorney Amanda Wilbur, who states she spoke with Plaintiff Patricia Neal on April 19, 2022 at 9:00 a.m. but was unable to reach an agreement. The meet and confer requirement has...
2022.05.24 Motion for Judgment on the Pleadings 334
Location: Riverside
Judge: Marquez, Raquel
Hearing Date: 2022.05.24
Excerpt: ... insurance policies, citing Ascherman v. General Reinsurance Corp. (1986) 183 Cal.App.3d 307, 310‐311; Abari v. State Farm Fire & Cas. Co. (1988) 205 Cal.App.3d 530, 543; Hendy v. Loose (1991) 54 Cal.3d 723, 740; East Bay Mun. Utility Dist. v. Richmond Redev. Agency (1979) 93 Cal.App.3d 346, 357 fn.4; Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285 fn. 3; and Pomona College v. Superior Court (1996) 45 Cal.App.4th 1716, 1727‐1728. None of th...
2022.05.24 Demurrer to FAC 200
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.05.24
Excerpt: ...prove that a defect in the product caused injury. (Brady v. Calsol, Inc. (2015) 241 Cal.App.4th 1212, 1218.) Under a negligence theory, a plaintiff must also prove that the defect in the product was due to negligence of the defendant. (Trejo v. Johnson & Johnson (2017) 13 Cal.App.5th 110, 125.) In their second COA, Plaintiff makes no attempt to describe any defect that specifically caused injury and merely repeats the allegations from the FAC. As...
2022.05.24 Demurrer to FAC, Motion to Strike 384
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.24
Excerpt: ...er as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances...
2022.05.24 Joint Motion to Seal 018
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.05.24
Excerpt: ...ng the defendants' motion for determination of good faith settlement, filed 11‐8‐21, were conditionally sealed, that conditional seal should have ended when the motion to seal that information was denied on 12‐16‐21. The full text of the documents shall be imaged as part of this case file. Analysis: The information sought to be sealed is (a) the amount to be paid to the plaintiff by the moving defendants and (b) information from which tha...
2022.05.24 Motion to Substitute Successor in Interest 785
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.24
Excerpt: ...er: 161 782 8254 Please state call in number as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts...
2022.05.24 Motion for PAGA Approval 046
Location: Riverside
Judge: Riemer, Craig
Hearing Date: 2022.05.24
Excerpt: ...��22‐ 22. Any amended declarations shall be accompanied by a red‐lined version to highlight the changes or additions. Similarly, any amended settlement agreement shall be accompanied by a red‐lined version. Analysis: This motion was served via electronic transmission on 5/2/22. Under C.C.P. § 1010.6(a)(4)(b), the notice period “shall be extended after service by electronic means by two court days.” Due to this, 18 court days of notice ...
2022.05.24 Motion to Compel 877
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.05.24
Excerpt: ...etter on 3/29/22 followed by a telephone call on 4/8/22. Here, this is not a situation where counsel instructed the PMQ to not answer, but rather, the PMQ did not know the information. The issue instead is relevance and financial privacy. Defendant once again relies on Qaadir v. Figueroa (2021) 67 Cal.App.5th 790, 798: [W]e conclude evidence of a medical bill is relevant to prove or disprove the “paid or incurred” prong of past medical damage...
2022.05.24 Motion to Set Aside Default 408
Location: Riverside
Judge: Asberry, Irma
Hearing Date: 2022.05.24
Excerpt: ...on 2/1/21 against Johnre Care LLC and Johnre Care Management LLC (both entities referred to here as “Johnre”) and their principles. After multiple unsuccessful attempts by the Riverside County Sheriff's Department to complete service Johnre, during which Johnny Sicat indicated that he would not accept service, the Court granted Plaintiff's request for an order directing service on the Secretary of State. On 10/11/21, Plaintiff completed servi...
2022.05.24 Petition to Compel Arbitration and Impose Stay Pending Completion of Arbitration 883
Location: Riverside
Judge: Hopp, Harold
Hearing Date: 2022.05.24
Excerpt: ...itration agreement may enforce its terms; however, the law recognizes an exception where the non‐party is a third‐party beneficiary to the agreement. Ronay Family Limited Partnership v. Tweed (2013) 216 Cal.App.4th 830, 837‐38; see also Jones v. Jacobson (2011) 195 Cal.App.4th 1, 17‐18 (arbitration agreement may be enforced by nonsignatories when the nonsignatory is a third‐party beneficiary of the agreement, and when a preexisting agen...
2022.05.23 Motion to Vacate Stipulation and Order Compelling Arbitration 878
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2022.05.23
Excerpt: ...afting party materially breaches the arbitration agreement and is in default, the consumer or employee may either withdraw the claim from arbitration and proceed in a court or compel arbitration where the drafting party shall pay reasonable attorney's fees and costs related to arbitration. (CCP §1281.97(b).) If the consumer or employee proceeds with an action in court, the court shall impose sanctions in accordance with CCP §1281.99. (CCP §128...
2022.05.23 Motion to Expunge Lis Pendens 556
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.05.23
Excerpt: ...ds is proper under Evid. Code § 452(d). The court can also take judicial notice of the existence of recorded documents and their legal effect. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) LIS PENDENS A lis pendens/notice of pendency gives constructive notice of a pending lawsuit affecting title to described real prope...
2022.05.23 Motion for Summary Judgment 078
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2022.05.23
Excerpt: ...ued, among others, Susan Harvey and Desert Pacific Properties, the broker/agent for the property's sellers. This motion concerns the cross action by Harvey and Desert Pacific Properties as against the Morrows' broker/agent, Cross‐Defendants Hall and Forbes & Associates Realty Group. Hall and Forbes move for an order establishing that Harvey and Desert Pacific, whom they refer to as the Seller Broker, cannot prevail on their First Amended Cross�...
2022.05.23 Motion for Right to Attach or for TPO 598
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2022.05.23
Excerpt: ...while a collection action is pending to prevent the debtor from transferring, encumbering or concealing assets available to satisfy a judgment. An attachment may be issued only if the claim sued upon meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property, not re...
2022.05.23 Demurrer, Motion to Strike 491
Location: Riverside
Judge: Sykes, Sunshine
Hearing Date: 2022.05.23
Excerpt: ... requested by plaintiff and defendants for reason they are not material to determination of issues on demurrer or motion to strike. Factual and procedural background: This is a civil rights action brought by plaintiff Salvador Venegas, an inmate, against defendant County of Riverside and numerous named employees of the Sheriff's Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and the first...

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