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Location: Riverside x
Judge: Stamen, Randall x
2021.04.30 Peremptory Writ of Mandate 604
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.30
Excerpt: ...erson, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, . . .” It is unclear what duty Petitioner is seeking to compel Respondent to perform. The relief sought in Petitioner's petition is as follows: “[a] peremptory Writ of Mandate be issued to direct Respondent to not count any ballots from the City of Menifee in the November 3, 2020 consolidated election per Election...
2021.04.29 Motion to Compel Responses 583
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.29
Excerpt: ...tories. The requests were served on 2/4/21, and defendants have not responded. Defendants do not deny they have failed to respond, but argue in their opposition that the ill health of defendant Eshak is the basis for the failure to respond. As such, the motions are granted. Verified responses, without objection, are to be provided within 30 days. Since no monetary sanctions are sought, the only remaining issue is whether to impose the requested t...
2021.04.29 Motion for Attorney Fees 955
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.29
Excerpt: ...'s dismissal of the cross‐complaint. Plaintiff now moves for attorney fees of $16,980 contending that Defendant dismissed his cross‐ complaint in light of the antiSLAPP, and asserts that it was meritorious. The trial court loses jurisdiction to rule on the anti‐SLAPP motion if the plaintiff voluntarily dismisses the action or causes of action at issue. The court only retains limited jurisdiction for ruling on attorney's fees and costs. (Law...
2021.04.28 Demurrer, Motion to Strike 992
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.28
Excerpt: ...t. (Cross‐Compl. ¶¶11‐12, 34, Ex. “2.”) Cross‐Complainants allege that they performed all conditions required except those that were excused or prevented. (Cross‐Compl. ¶35.) It is alleged that Cross‐ Defendants breached the contract, and harmed CrossComplainants. (Cross‐Compl. ¶¶35, 36.) In addition, this cause of action incorporated by reference all the general allegations indicating breaches occurred. (Cross‐Compl. ¶¶1...
2021.04.26 Special Motion to Strike 267
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.26
Excerpt: ...usheen v. Cohen (2006) 37 Cal.4th 1048, 1055.) Code of Civil Procedure section 425.16 provides a two‐step test in determining whether a cause of action constitutes a SLAPP. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Code Civ. Proc., §425.16(b)(1).) First, the defendant must make the “threshold showing” that the challenged cause of action arises from “protected speech or petition activity.” (Ibid.) “[T]he statutory phrase ‘caus...
2021.04.26 Motion for Protective Order Re Notice of Deposition 000
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.26
Excerpt: ...seeking the deposition has the burden. In Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, the court held that a plaintiff cannot go up the corporate hierarchy without seeking discovery from lower level employees involved in the everyday corporate operations. (Id. at 1287.) To allow these depositions before lower level discovery is conducted would allow discovery abuse and harassment. (Id.) Unfortunately, neither side provide...
2021.04.22 Motion to Compel Further Responses 711
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.22
Excerpt: ...ty for the 2014 Sentra to experience these conditions, but willfully refused to repurchase the Subject Vehicle despite knowledge that it was defective. The requests for production are limited to the 2014 Nissan Sentra and are not overbroad or unlimited in time of scope. Defendant should be ordered to produce responsive documents. The motion is granted as to requests number 35‐45 and 50. Requests nos. 46 through 49 pertain to documents regarding...
2021.04.22 Demurrer 152
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.22
Excerpt: ...t by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury.” The court found that the demurrer must be sustained to the cross‐complaint under Labor Code §3864 as the case is similar to the situation in Up‐Right, Inc. v. Van Erickson (1992) 5 Cal.App.4th 579, 582. EWMD cited multiple cases ...
2021.04.21 Motion for Judgment on the Pleadings 180
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.21
Excerpt: ... run once the plaintiff “has notice or information of circumstances to put a reasonable person on inquiry.” (Id. at 1110‐1111.) Defendants contend that the dates asserted in the FAC make clear that Plaintiff knew of the trespass to chattels and negligence cause of action in 2014. The statute of limitations for a trespass to chattels claim is three years from the date of trespass. (CCP §338(c).) The statute of limitations for negligence is ...
2021.04.21 Motion for Attorney Fees 821
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.21
Excerpt: ...star figure (time reasonably spent by each biller multiplied by an hourly rate that is reasonable for each biller). (Serrant v. Priest (1977) 20 Cal.3d 25, 48.) In exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the amount of a reasonable attorney fee award. The hourly rate sought by Plaintiff is $600 per hour for each of two attorneys: Timothy F. Fatone of the Law Office...
2021.04.15 Demurrer 060
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.15
Excerpt: ...n to Trinity's demurrer to the original complaint. (See Page 3 of 5 Request for Judicial Notice, Exhibits 1 through 5.) The court grants the request as to these documents. The court may take judicial notice of the existence of recorded documents and their legal effect, the court's own records and the Executive Order under Evidence Code section 451 and 452. (See also Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1...
2021.04.14 Motion for Summary Judgment, Adjudication 081
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.14
Excerpt: ...ests judicial notice of the complaint and FAC in the present case, which are granted under Evid. Code §452(d). Moving party also requests judicial notice of images from Google Earth and annotated images from Google Earth allegedly showing the number of solar panels installed at the subject property. Judicial notice of these documents is denied. (“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the ...
2021.04.13 Motion for Summary Judgment, Adjudication 775
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.13
Excerpt: ...shall be preserved for appellate review.” (CCP §437c(q).) Only PODS filed evidentiary objections, all of which are sustained. PODS met its burden of proof to show that, with regard to the shipment in question, it was acting as the “shipper.” Customers pay PODS to ship PODS containers containing customers' items. “Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in i...
2021.04.12 Motion to Strike Punitive Damages 076
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.12
Excerpt: ...reme Court recognized the pervasive risk in operating a motor vehicle while intoxicated because it combines “sharply impaired physical and mental faculties with a vehicle capable of great force and speed, [which] reasonably may be held to exhibit a conscious disregard of the safety of others.” (Id. at 896‐897.) There, it was alleged in the complaint that defendant was an alcoholic, regularly drove under the influence of alcohol, had previou...
2021.04.08 Motion to Set Aside Default 941
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.08
Excerpt: ...on is the latter. Moving party has not established excusable inadvertence, surprise, or mistake. First, service was made on Defendant's registered agent of service of process, Terry Chilcoat, via personal service. Defendant is not attacking the manner of service. However, West provides no explanation as to why Chilcoat did not provide the summons and the FAC to Defendant or notify hm of the service. Second, West does not deny knowledge of the law...
2021.04.07 Motion to Quash Deposition Subpoenas 236
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.07
Excerpt: ... scope of all subject subpoenas to exclude medical information concerning substance abuse, gynecological, and, HIV/sexually transmitted diseases. This motion addresses fourteen subpoenas issued by Defendants for Plaintiff's medical records including psychological records from ten of Plaintiff's health care providers/insurers. Specifically, Defendants are seeking all medical/insurance records, which would potentially include sensitive medical info...
2021.04.06 Motion to Compel Further Responses 349
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.04.06
Excerpt: ...he employer, Defendant has unilaterally qualified every response that because it is not the employer of Plaintiff it cannot respond, has insufficient information and/or cannot produce responsive documents. These responses are improper and further are ordered. Plaintiff has alleged in her Complaint that Defendant is the employer of Plaintiff. (Complaint ¶ 3‐ Defendant was added as Doe 1.) While Defendant disputes this allegation, it is not a pr...
2021.03.30 Demurrer, Motion to Strike 387
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.30
Excerpt: ...o the filing as an impermissible sur‐reply. Defendants are correct that court did not authorize the parties to file supplemental briefing for the continued hearing dates. The general demurrer to the 2nd, 5th, 6th, 8th and 9th causes of action is sustained without leave to amend; The demurrer is overruled as to the 7th cause of action. 10 days leave to answer. Demurrer for Uncertainty A special demurrer lies where a pleading is uncertain, ambigu...
2021.03.29 Motion for Leave to File Amended Complaint 161
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.29
Excerpt: ...ry and proper, when the facts giving rise to the amended allegations were discovered and the reasons why the request was not made earlier. There is no declaration of counsel, and, as a result, it is not clear what Plaintiff is seeking to amend. Is it merely to substitute the plaintiff? If so, it is unclear why K Hovnanian and First Residential oppose the motion—they were dismissed after the court sustained demurrers in March 2020. Generally, th...
2021.03.29 Motion for Judgment on the Pleadings 773
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.29
Excerpt: ... Judgment, (3) December 2, 2020 Order in the present action, (4) Order granting Lieberg's Request to be Relieved as Counsel, (5) Substitution of Attorney, and (6) Order Granting Dismissal of bankruptcy case. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained i...
2021.03.29 Motion for Judgment on the Pleadings 134
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.29
Excerpt: ...this section of the Evidence Code cannot be taken of documents prepared by a private person, which are merely on file with state agencies. (See People v. Thacker (1985) 175 Cal.App.3d 594, 598.) Exh. 2 (Certificate of Status): The request is granted. The court may take judicial notice of “Official acts of the legislature, executive, and judicial departments of…any state of the United States.” (Evid. Code, §452(c); Fellom v. Adams (1969) 27...
2021.03.25 Motion for Summary Judgment, Adjudication 211
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.25
Excerpt: ...ract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom.” (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal. App. 4th 1004, 1031.) A contact will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine whether there has been a breach. (Bustamante v. Intuit Inc. (2006) 141 Cal. App. 4th 199, 209.) To plea...
2021.03.25 Demurrer 415
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.25
Excerpt: ... the records of any court of record, a lower court's unpublished decision made under New York law will not aid the court in resolving the present demurrer. (See Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569.) Plaintiff's request that the court take judicial notice of various articles obtained from the Internet (Exhibits A‐E) is denied. The court accepts as true Plaintiff's allegation in the FAC that the insurance industry was a...
2021.03.25 Demurrer 368
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.25
Excerpt: ...ended claim and rejection notice. The court also takes judicial notice of Plaintiff's filing of her complaint with the U.S. District Court on 6/6/19. Plaintiff submitted a claim on 3/27/19, and an amended claim on 4/30/19. District's notice, dated 6/19/19, indicates that the District rejected the claim on 6/11/19. The dispute is essentially whether 6/11/19 or 6/19/19 is the controlling date. Government Code §912.4(a) merely requires the board to...
2021.03.23 Motion to Compel Further Responses 811
Location: Riverside
Judge: Stamen, Randall
Hearing Date: 2021.03.23
Excerpt: ...privileged information “that is relevant to the subject matter involved…” (Code Civ. Proc., §2017.010.) It is discoverable if it either would be admissible evidence or “appears reasonably calculated to lead to the discovery of admissible evidence.” Page 3 of 6 Doubts as to relevance should generally be resolved in favor of permitting discovery. (Id.; see Williams v. Sup. Ct. (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 542.) Documents ...

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