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Location: Riverside x
Judge: Chapman, David x
2019.8.13 Demurrer 712
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.13
Excerpt: ...e whether the contract is written, or implied; and fails to plead a monetary amount in controversy that meets the jurisdictional requirement of this court. The Plaintiffs allege four causes of action for: 1) breach of contract, 2) conversion, 3) Violation of Penal Code §496, and 4) fraud. The allegations are as follows: Defendant Martin created a GoFundMe page, with Defendant Gaytan's assistance, seeking $50,000 in donations for specific medical...
2019.8.13 Demurrer 276
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.13
Excerpt: ...e court previously sustained with leave to amend as to these causes of action. Toyota asserts that these causes of action remain uncertain as to it and fails to plead the fraud and negligent misrepresentation claims with the requisite specificity. Further, that the Son‐Beverly claim fails as the alleged “defect” is that the car had prior accident damage but was a certified car as accident damage is not covered by warranty and not a defect i...
2019.8.12 Motion to Compel Futher Responses, Request for Sanctions 977
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.12
Excerpt: ...the following RFAs: RFA No. 1: Admit that you had been drinking alcohol prior to your fall on the date of the incident. Response: Objection. This interrogatory is vague and ambiguous as the term, “prior.” As such, and without further clarification from Propounding Party, Plaintiff is unable to admit or deny this request at this time. Discovery and investigation are ongoing and Plaintiff reserves the right to supplement and/or amend this respo...
2019.8.12 Motion for Summary Adjudication 208
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.12
Excerpt: ...d Marriott Vacations Worldwide Corporation move the court for summary adjudication as to Plaintiff's 1st, 3rd, 4th, 5th, 6th, 7th, 8th and punitive damages claims. Further, with respect to Defendant Marriott Vacations Worldwide Corporation all of Plaintiff's claims fail as they did not employ Plaintiff during any of the relevant times associated with the alleged claims. Page 2 of 11 The material facts related to this case are as follows: Plaintif...
2019.8.1 Demurrer, Motion to Strike 738
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.1
Excerpt: ...ors, Roy and Susan Hofheinz, based on discriminatory intent due to Plaintiff's sexual orientation filed a complaint with the HOA regarding Plaintiff's Jacaranda trees. Thereafter, since the complaint filed in 2014 the HOA has engaged in selective enforcement of the CC&Rs regarding Plaintiff's trees due to his sexual orientation even though Plaintiff is in compliance with the CC&Rs. Further, the complaint alleges that HOA failed to insure that all...
2019.8.1 Demurrer 067
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.1
Excerpt: ...oard Corp. (1990) 224 Cal.App.3d 781, 789. Emphasis in original. Although styled as a complaint for declaratory relief, the actual relief sought may not be obtained by way of declarations from the court. Plaintiff's requests for relief are “1. For a declaration that Smith, McCormick, Lakin, Dejardin and Delphi and DOES are the successorsin‐interest to [Peters & Freedman, LLP] PFL and are legally responsible for the obligations of Peters and P...
2019.8.1 Demurrer 003
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.8.1
Excerpt: ...mended Cross‐Complaint in pertinent part as follows:  Cross‐Defendant on or about March 27, 2017, through its principal agent Joseph Dolan, provided Cross‐Complainants with an estimate for home improvement construction services in the amount of $158,480.  On or about July 1, 2017 Cross‐ Defendant, through its principal agent Joseph Dolan, Page 2 of 10 provided Cross‐Complainants with a written contract for home improvement constru...
2019.7.31 Demurrer 038
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.31
Excerpt: ...ENDANTS failed to adequately inform DOBREMSYL's physician of the nature and extent of his medical issues, and failed to adequately and completely carry out doctor's orders for their treatment and failed to adequately and appropriately document DOBREMSYL's plan of care. DEFENDANTS' neglect of DOBREMSYL was reckless, oppressive, and malicious. Specifically, the individuals who cared for DOBREMSYL knew that taking the necessary preca...
2019.7.29 Motion to Strike Complaint 003
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.29
Excerpt: ...FACC: 1) 4 th Cause of Action for Fraud; 2) 5 th Cause of Action for Financial Elder Abuse; 3) Paragraph 34; Page 2 of 3 4) Paragraph 36; 5) Paragraph 37; 6) Paragraph 38; 7) Paragraph 39; 8) Paragraph 40; 9) Paragraph 42; 10) Paragraph 43; 11) Paragraph 44; 12) Paragraph 45; 13) Paragraph 46; 14) Prayer for Relief 4th COA for punitive damages; 15) Prayer for Relief 5th COA for punitive damages; 16) Prayer for Relief 5th COA for treble damages, a...
2019.7.26 Petition for Compel Arbitration and Stay Proceedings 778
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.26
Excerpt: ...n pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. Defendants assert that the parties have a valid, written applicable arbitration agreement and Mendoza has no valid defense to its enforcement. Further, that the Agreement applies to Mendoza's causes of action in this case, ...
2019.7.25 Motion to Compel Further Responses, for Sanctions 930
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.25
Excerpt: ...pliant with the code. Plaintiffs' Second Amended Class Action Complaint alleges 10 Labor Code violations for unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, unpaid minimum wages, final wages not timely paid, wages not timely paid during employment, non‐compliant wage statements, failure to keep requisite payroll records, unreimbursed business expenses, and PAGA claims as well as UCL violations. On June 18, 2018 (more ...
2019.7.24 Motion for Attorneys' Fees 063
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.24
Excerpt: ...rs of litigation. After the matter was called out for trial and before jury selection Ford agreed to settle for $420,000. Plaintiffs assert that this result was due to their counsel's skill and effort and specialization in consumer protection litigation and specifically litigating regarding the 6.0L diesel engine. Knight Law Group and The Altman Law Group are co‐counsels in this litigation who then retained trial counsel. Trial counsel was asso...
2019.7.24 Motion to Tax Costs 673
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.24
Excerpt: ...ndant and Cross‐Complainant SHJR, LLC moves the court to tax costs in Plaintiff's Memorandum of Costs related to deposition costs; witness fees; models, enlargements and photocopies of exhibits; filing fees and other costs on the grounds that the amounts are unreasonable and were not reasonably necessary and item 16 for “other” is not a recoverable cost. SHJR asserts that item 4 of the Memorandum of Costs designated as deposition costs in t...
2019.7.23 Petition to Compel Arbitration and Stay Proceedings 778
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.23
Excerpt: ...ng Plaintiff Karla Mendoza (“Mendoza”) to arbitrate her claims against it and to stay the proceedings pending completion of arbitration pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. First, it should be noted that the motion was submitted by counsel for Valley Pride, ...
2019.7.23 Motion to Strike 283
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.23
Excerpt: ...which claim she alleges Defendant engaged in conduct warranting punitive damages. As to that claim the FAC alleges in pertinent part as follows:  Plaintiff was hired by Defendant around 1999.  On January 9, 2019, Plaintiff was fired due to her age, when she was over 40 years of Page 2 of 7 age.  During her employment, Plaintiff was provided with pretextual discipline and made comments about Plaintiff being old and other ageist comments. ...
2019.7.18 Demurrer, Motion to Strike 142
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.18
Excerpt: ...udy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop (“Defendants”) demur to the 1st – 6 th causes of action in Plaintiff James Lawton's (“Lawton”) First Amended Complaint (“FAC”) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action and/or is uncertain. Lawton's FAC alleges 6 causes of action for: 1) breach of fiduciary duty (duty of loyalty), 2) fraud, 3)...
2019.7.18 Demurrer 385
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.18
Excerpt: ... or for damage to personal property or crops must be presented to the governmental entity within 6 months of accrual of the cause of action. All other claims must be presented within 1 year.” The State waived the defense that the claim was untimely. Plaintiffs filed their original complaint May 4, 2017 in the Central District of the Los Angeles Superior Court. (Declaration of Emily Sweet, ¶ 2, RJN Exh. C; Caltrans Request for Judicial Notice.)...
2019.7.17 Motion for Summary Judgment, Adjudication 645
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.17
Excerpt: ...party establishes the right to entry of judgment on a particular cause of action as a matter of law. C.C.P. § 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 complete defense to that cause of action. C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal...
2019.7.16 Motion for Leave to File Special Motion to Strike 776
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.16
Excerpt: ...n ex parte seeking an order for leave to file and Anti‐SLAPP motion. On 06/14/2019, the court denied the ex parte finding no exigent circumstances and noted that the defendant could seek the same relief by noticed motion. On/06/21/ 2019, Defendant filed this motion. The motion is based upon the grounds that good cause exists to allow the filing of the motion because, consistent with the purpose of the anti‐SAPP statute, the motion would poten...
2019.7.16 Demurrer 669
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.16
Excerpt: ...ime‐share contracts alleged herein above, falsely and fraudulently represented to plaintiffs collectively the following: a. That the time‐share interest purchased by the plaintiff would appreciate and increase resale price and value over time. b. That the timeshare interest purchased by the plaintiff could be freely exchanged, transferred and sold. c. That the time‐share interest purchased by the plaintiff was a financial investment. d. Tha...
2019.7.1 Motion to Compel Further Responses, Request for Sanctions 739
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.7.1
Excerpt: ...renced GM list related to 2011 Chevy Silverados. Plaintiffs move the court to compel further responses to RFP Nos. 25‐26 and 30‐33 on the grounds that Defendant failed to provide Code‐compliant responses and merely asserted meritless objections and provided no substantive responses. This is a Song‐Beverly action. The responses to RFPs at issue are as follows: Page 2 of 6 No. 25: Seeks all documents which evidence, refer, or relate to tech...
2019.6.28 Motion to Tax Costs 746
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.28
Excerpt: ... expenses for trial. In addition, there is no documentation for Adrian Moody's travel expenses for deposition for the $1,971.08 claimed. In addition, the court strikes the claim for $2,000 in costs for Mr. Wallace's and Dean Weitzman's travel expenses for trial, which are not allowed by code and are based on estimates and not supported by any admissible evidence. Barry Cohen's travel expenses are denied as attorney travel costs are awardable only...
2019.6.27 Demurrer, Motion to Strike 682
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.27
Excerpt: ... a matter of right. Defendant demurred to the FAC and the court sustained with leave to amend as to the 1st, 3rd and 5th causes of action. Plaintiffs filed a SAC and the court sustained without leave to amend as to the 1st cause of action for battery and sustained with leave to amend as to the 3rd (IIED) and 5th (fraudulent concealment) causes of action. Defendant Marriott Resorts Hospitality Corporation now demurs to the 2nd (IIED) and 4th (frau...
2019.6.26 Motion to Compel Deposition 103
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.26
Excerpt: ...dants assert that the motion is frivolous and unnecessary as Plaintiff failed to meet and confer in good faith before filing the motion, Defendants have already agreed to produce the PMK (Naava Brand) and Defendants have agreed for months to produce Ms. Bulatova for her deposition and even provided Plaintiff's counsel with a date certain for the deposition. In addition, Defendants assert that they timely served valid objections to the notices of ...
2019.6.26 Motion to Compel Further Responses 461
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.26
Excerpt: ...e. Burlington claims that anytime an attorney drafts a letter, the communications between Burlington and that lawyer are privileged. Further, if Burlington intends to rely on the letters as a defense to this bad faith action then the advice of counsel defense waives the attorney‐client privilege as to that advice. The court granted Burlington's Motion for Judgment on the Pleadings, which Planet Bingo appealed. The Court of Appeal held that Burl...
2019.6.26 Petition to Compel Answers 760
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.26
Excerpt: ... fully answer: 1‐10, 21‐80, 85, 87‐90, 93‐ 108, and 133‐135 from set one and 40‐44 from set two. Accordingly, the court compels further responses to these questions. Dept. of Labor has agreed to withdraw questions 116‐120 and 131 from set one and therefore are moot. Sanchez continues to object to questions 11‐20, 81‐84, 86, 91‐92, 109‐115, 121‐130 and 132 from set one and questions 1‐39 and 45‐61 from set two, on the g...
2019.6.24 Motion to Consolidate Case 704
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.24
Excerpt: ...is based on that opposition. Plaintiff Joy Leitan moves the court to consolidate this action with PSC1806704 for all purposes pursuant to CCP § 1048(a) and CRC Rule 3.350 on the grounds that the actions involve common questions of law or fact and are pending before this court between the same parties and arise out of the same transaction or incident. FACTS: This case (PSC1806704) was filed 10/28/18 by Plaintiff Joy Leitan against Defendant Teres...
2019.6.24 Motion for Summary Judgment 390
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.24
Excerpt: ...f fact. Defendant's unopposed request for judicial notice is GRANTED. Plaintiff's evidentiary objections are OVERRULED as to numbers1, 2, 3, 4, 7, 10 and SUSTAINED as to numbers 5, 6, 8, 9. The following is undisputed. Plaintiff filed four consecutive chapter 13 reorganization bankruptcy cases in the U.S. Bankruptcy Court for the Central District of California: on May 17, 2016 (“1st petition”), on October 27, 2016 (“2nd petition”), on Nov...
2019.6.24 Demurrer 600
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.24
Excerpt: ...easonable possibility the defect can be cured to state a cause of action. The three‐ amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross‐complaint is filed.” CCP § 430.41(e)(1). The first amended complaint in this matter was not filed in response to a demurrer having been sustained as to the original compl...
2019.6.24 Demurrer 270
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.24
Excerpt: ...ty where she has governmental immunity for her discretionary acts. Further, Plaintiff has not established she was a bystander for recovery for NIED and there is no causal link between Scott's alleged actions and Plaintiff's claimed injuries and any claims Price seems to be making on Ronnie Smevik's behalf must fail because she lacks standing to do so. This court previously sustained with leave to amend as to Price's claims for IIED, Negligence an...
2019.6.19 Demurrer 877
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.19
Excerpt: ...vertime and penalties, sexual discrimination and harassment, Page 3 of 3 breach of contract, UCL claims arising out of Pearson's alleged employment by Classic Designs by CJ/Gorenz to perform home improvement work at Gorenz' home located in South Lake Tahoe. Plaintiff alleges that he entered into an oral agreement to do the work and performed 1184 hours of work before Plaintiff breached the agreement and terminated Plaintiff on or about December 2...
2019.6.18 Motion to Compel Arbitration, to Stay Action 503
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.18
Excerpt: ...nts executed an arbitration agreement with Defendants when they purchased the subject business in 2016. Plaintiff does not dispute that the arbitration agreement, if enforceable, applies to the claims asserted in his complaint. However, Plaintiff claims that the arbitration agreement is not enforceable because it is unconscionable. As explained below, Plaintiff has not shown that the agreement is unconscionable. The moving party must prove by a p...
2019.6.14 Demurrer 214
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.14
Excerpt: ...ber 31, 2007 and continuing for 15 years thereafter, with the entire principal payable in full on or before January 1, 2021. The FAC sets forth 9 causes of action. The 1st cause of action is for recovery of the total amount of $60,000; the 2nd through 8th causes of action are for the individual $4,000 payments due in 2012 through 2018 and the 9th cause of action is for attorneys' fees. The demurrer is based upon the grounds that each cause of act...
2019.6.12 Motion for Attorneys' Fees 636
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.12
Excerpt: ...recover reasonable attorney's fees pursuant to the parties' settlement agreement, but disputes that Plaintiff's attorney's fees and costs related to continued discovery and motion practice after settlement was not reasonable. These fees and costs had no impact on the ultimate result Plaintiff obtained. In addition, a portion of Plaintiff's fee request relates to counsel's communication with his client and opposing counsel regarding following up o...
2019.6.12 Demurrer 649
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.12
Excerpt: ...of action against them. This FAC for (1) breach of contract, (2) fraud, and (3) negligence arises out of property loss at the retail business operated by International Apparel & Accessories Inc. (I.A.A.). Plaintiff, Nancy Paige Linn is I.A.A.'s general manager and president. Liberty Mutual Insurance Company (“LMIC”) is the umbrella insurance company that owns and operates American Economy and adjudicates the claims of American Economy. Defend...
2019.6.11 Demurrer 385
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.11
Excerpt: ...damage to personal property or crops must be presented to the governmental entity within 6 months of accrual of the cause of action. All other claims must be presented within 1 year.” The State waived the defense that the claim was untimely. Plaintiffs filed their original complaint May 4, 2017 in the Central District of the Los Angeles Superior Court. (Declaration of Emily Sweet, ¶ 2, RJN Exh. C; Caltrans Request for Judicial Notice.) Caltran...
2019.6.10 Demurrer, Motion to Strike 913
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.10
Excerpt: ...n for elder abuse in Plaintiffs' Complaint. The key allegations in the FAC allege that Glen Wall was an elder as defined under W & I Code §15610.27 while a resident and patient of Defendant Watermark Carlotta, LLC a Page 6 of 10 California 24‐hour skilled nursing facility. Defendant Watermark Retirement Communities, Inc. owns Carlotta and is a mere alter ego of Carlotta. Wall was admitted to Carlotta around August 9, 2018. Carlotta knew Wall n...
2019.6.10 Demurrer 584
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.10
Excerpt: ... constitute a cause of action against it. Plaintiff filed a suit against County alleging that the malfunctioning automatic sliding door at the Larson Justice Center, which caused her injury, constituted a dangerous condition of public property. As Plaintiff did not timely file her suit within 6 months of rejection of her claim, Plaintiff ultimately dismissed the action against County. Thereafter, Plaintiff filed suit against multiple other defend...
2019.6.10 Motion to Strike 712
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.10
Excerpt: ...e motion is based upon the grounds that complaint arises out of Defendants' exercise of their free speech rights and Plaintiff's cannot demonstrate a probability of prevailing. The complaint does not arise out of Defendants' exercise of their free speech rights. To prevail on an anti SLAPP motion defendant must first make a prima facie showing that the suit arises Page 9 of 10 from defendant's exercise of free speech or petition rights as def...
2019.6.10 Motion to Amend Class Certification Order 132
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.10
Excerpt: ...hat class certification orders may be amended or modified at any time and should be amended here to change the period covered based on a change to controlling law after the court's ruling regarding the tolling of class claims. In ruling on Plaintiff's motion for class certification, this court found that equitable tolling applied based on Falk v. Children's Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1465. In Fierro v. Landry's Rest. Inc. (...
2019.6.7 Demurrer 815
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.6.7
Excerpt: ...tly transferred $600,000 to his son, Cross Defendant Mitchell Altman, to satisfy a non‐ existent debt in order to avoid paying Cross Complainant Shin, who is a 25% interest holder in Desert Springs, both the money owed her as judgment creditor and as an interest holder in Desert Springs, pursuant to a judgment in the underlying action, INC 10003583. In the underlying action, Shin obtained a judgment against Murray for damages based upon his bre...
2019.5.31 Motion to Set Aside or Amend Ruling 800
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.31
Excerpt: ... for Summary Adjudication as to the 4th and 5th causes of action. In its ruling the court stated the following: Amato's declaration… includes estimates from Redfin and what Amato claims are comparable sales, in his neighborhood. Neither, however, is sufficient to create a triable issue of fact. The Redfin estimate is inadmissible for the same as reasons as the Zestimate discussed below. And there is an insufficient basis to accept Amato's c...
2019.5.30 Motion to Enforce Turn Over Order 023
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.30
Excerpt: ...ows: § 708.180. Adverse claim of, or denial of debt by third party (a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt, the court may, if the judgment creditor so requests, determine the interests in the property or the existence of the debt. The determination is conclusive as to the parties to the proceeding and the third pers...
2019.5.30 Motion for Attorney Fees 611
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.30
Excerpt: ...t the property was a public nuisance, riddled with hazardous and substandard conditions in violation of state and local law. It moved to modify the receivership by instructing the receiver to remedy these conditions. Stabilis did not argue that the City was not entitled to the requested modification; however, it did argue that the motion was premature, that the receiver already had the necessary powers, and that it should be allowed to proceed wi...
2019.5.29 Motion for Judgment on the Pleadings 238
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.29
Excerpt: ...ave to amend. The motion as to the 5 th and 8th cause of action is granted without leave to amend. This Complaint for (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) iied, (5) nied, (6) breach of contract and (7) breach of covenant of quiet enjoyment and (8) public nuisance arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendants' Embassy Suites hotel in Palm Desert. Plaintiff alleges ...
2019.5.9 Motion to Enforce Turn Over Order 023
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.9
Excerpt: ...er” related to the June 10, 2010 agreement.  Exhibit 2: Harjit Saini's personal guarantee of the June 10, 2010 agreement.  Exhibit 3: Credit Account Agreement dated June 10, 2010 signed by Harjit Saini as an Officer of Saini Brothers, Inc.  Exhibit 4: Trial transcripts of the testimony of Harjit Saini, Bates stamped 0009‐11, Page 5 of 9 where he stated he was part owner and the operator of the Cathedral City Arco between 2010 and 201...
2019.5.9 Motion to Approve Form of Notice to Class, to Decertify Class to Exclude Those with Arbitration Agreements 132
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.9
Excerpt: ...o decertify, the parties can agree to the proper notice language. 2. RIC1507132 SANCHEZ VS CONTAIN A WAY INC RE: MOTION TO/FOR DECERTIFY CLASS TO EXCLUDE THOSE WITH ARBITRATION AGREEMENTS BY CONTAIN A WAY INC, STRATEGIC MATERIALINC Tentative Ruling: Motion granted. Defendants assert that in July 2013, Contain‐A‐Way, Inc. provided a revised employee handbook to its employees that included an arbitration provision with a class action waiver. Th...
2019.5.8 Motion for Summary Judgment 162
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.8
Excerpt: ...xpired on 11/30/2014. This is the earliest date at which the alleged breach to sell the property could have occurred. In addition, Defendant's arguments that he was excused from performance because Plaintiff breached the lease are not supported by evidence that show Plaintiff, in fact, breached the lease. See Defendant's exh. 4. Page 4 of 4 Defendant's argument that plaintiff violated the Residential Purchase Agreement by requesting a jury trial ...
2019.5.8 Demurrer 738
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.8
Excerpt: ...ff's alleged attempt to prevent a tax sale of undeveloped real property owned by Plaintiff. Plaintiff alleges that he owed $6,000 in back property taxes and had received a foreclosure notice when his real estate agent, non‐party Rocio Velasco advised Plaintiff that she worked for non‐party Jerry Corona, from Century 21and that Corona Page 2 of 4 was an investor and could help him; that on or about February 2014, Plaintiff went to Defendant Co...
2019.5.6 Motion to Strike 301
Location: Riverside
Judge: Chapman, David
Hearing Date: 2019.5.6
Excerpt: ...4) negligence. The allegations in the FAC related to Defendant Blythe Barnard, LLC are in pertinent part as follows:  Plaintiffs resided in units 4 and 26 in a residential apartment complex located at 535 West Barnard Street, Blythe, California.  Defendant Blythe Barnard is the current title holder of the property and Plaintiffs' Landlord.  The property was un‐tenantable pursuant to Civ. Code Section 1941.1 because Defendant failed to ...

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