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Location: Riverside x
Judge: Firetag, Chad x
2023.10.27 Application for Good Faith Settlement 254
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.27
Excerpt: ...iled the Complaint against Alpha Beta Company dba Ralphs ("Ralphs"), alleging: 1) premises liability; 2) failure to warn and 3) loss of consortium. Shortly thereafter, Plaintiffs filed a Doe Amendment, identifying Defendant Vortex Industries, Inc. ("Vortex") as Dæ 1. Vortex is alleged to have serviced the doors at the location, both before and after the incident. Vortex and Ralphs filed cross-complaints against each other for indemnity and contr...
2023.10.26 Petition to Compel Arbitration, for Preferential Trial Setting 111
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.26
Excerpt: ...times, she was over 55 years old and a custodial care resident and patient at the skilled nursing facility owned and operated by defendant P.T.C.H., Inc. dba Palm Terrace Care Center ("Palm Terrace"). Plaintiff was admitted to Palm Terrace for rehabilitation of a broken hip and required assistance with all activities of daily living and other medical oversight. Plaintiff alleges Palm Terrace failed to provide proper nutrition and failed to turn/r...
2023.10.26 Motion to Compel Arbitration and Stay Proceedings 353
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.26
Excerpt: ...in Adam Shaw was placed to work at Defendant Lowe's Home Centers, LLC by Defendant Partners Personnel Management Services, LLC. A manager, Esther, would refer to him as "black boy" when speaking to him on a consistent basis. When Plaintiff complained, he was terminated. On 10/7/22, Plaintiff failed a complaint for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) whistlebl...
2023.10.25 Application for Right to Attach Order 978
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.25
Excerpt: ...the work from October through December 2022 and issued invoices in the total amount of $133,655.54 which Defendants failed to pay. Plaintiff filed the Complaint on 2/27/23, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value /work, labor and services; and 6) foreclosure of mechanic's lien. Plaintiff filed the instant application for right to attach order...
2023.10.24 Demurrer on FAC 920
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.24
Excerpt: ...ll continue the CMC to 1/25/24 at 8:30am. All parties are ordered to file updated CMC statements prior to that date. Factual / Proc:edural Context: On October 26, 2020, Plaintiff VIP Style LLC entered into a written agreement with Defendant Abdallah Abu-Samrah under which Plaintiff agreed to provide construction related labor and materials for the home improvement project located at 7088 Gaskin Place, Riverside. A copy of the agreement is attache...
2023.10.23 Motion to Adopt Value 216
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...) allege that they, along with defendant Loring Winn Williams ("Winn") are owners of real property located at 5141 Arlington Avenue in Riverside. Plaintiffs allege the parties are siblings and each own 1/3 interest in the property as tenants in common, and that the value of the property is approximately $530,CM. Plaintiffs allege the property is currently being used as rental-income property but that they can no longer agree on how the property s...
2023.10.23 Motion for Reconsideration of Demurrer 633
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...nd 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 Court sustained a dem...
2023.10.23 Demurrer to TAC 154
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.23
Excerpt: ...iring, Training, Supervision, an/or Retention and (5) Loss of Consortium, respectively. Factual / Procedural Context: This is an action against a public entity, the State of California (by and through the California Highway Patrol ["CHP"I), and its employee, Officer Kraig Nagle, for negligence. The individual claims of the surviving spouse and children of the decedent, Gilberto Avila Adame, are being asserted in the form of a wrongful death actio...
2023.10.20 Application for Permission to Present Late Claim 026
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.20
Excerpt: ...n Moreno Valley, California. (Pet. 5.) Plaintiffs allege that Defendant Candice Herdenson, 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 (the "firm") to pursue damages resul...
2023.10.19 Motion to Compel Further Responses 836
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...filed 9/8/22, asserts: (1) SongBeverly (express warranty); (2) Song-Beverly (implied warranty); and (3) Civil Code 51793.2. Trial is set for 3/15/24. Plaintiff moves to compel further responses to RFPs, contending Defendant served improper objections and its requests are relevant. Plaintiff requests sanctions of $4,020 against Defendant and its counsel. Defendant opposes. Analysis: A party may file a motion compelling further answers to requests ...
2023.10.19 Motion for Leave to Second IME 007
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...very vehicle, collided into multiple individuals stopped at a scene of another prior collision, including the responding Community Service Officer and a volunteer ride along. The collision resulted in fatal injuries to two individuals and serious injuries to the officer and Plaintiff Lara. Relative to this Motion, Plaintiff Lara suffered orthopedic injuries, including, but not limited to, a left #lvic fracture, broken right pelvis, broken left cl...
2023.10.19 Demurrer 084
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.19
Excerpt: ...manufactured by Defendant Ford Motor Company (FMC). (Complaint '1 9.) Plaintiff alleges that the subject vehicle was delivered with serious engine and transmission defects that Defendant was aware of and failed to disclose. (Complaint "14, 25- 36.) Plaintiffs provided his vehicle to Defendant FMC's representatives and Gosch Ford Temecula but they were unable to repair the vehicle. (Complaint 85- 89.) Plaintiff filed the Complaint asserting causes...
2023.10.18 Motion to Deem RFAs Admitted, to Compel Responses 744
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.18
Excerpt: ...CHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS SPECIAL INTERROGATORIES, SET ONE BY SUPER CENTER CONCEPTS, INC. CVR12200744 SANCHEZ BELTRAN VS SUPER CENTER CONCEPTS, INC. MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PLAINTIFF AMANDA SANCHEZ BELTRAN'S FURTHER RESPONSES TO DEFENDANTS FORM I...
2023.10.18 Motion for Attorney Fees 787
Location: Riverside
Judge: Firetag, Chad
Hearing Date: 2023.10.18
Excerpt: ...et Silverado (the "Vehicle"), which was manufactured/distributed by GM. Plaintiff alleges that the Vehicle was delivered with significant defects and nonconformities to warranty and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth causes of action for breach of express and implied warranties under the Song-Beverly Act, as well as a cause of achon for fraudulent concealment. * * * On June 26, 202...
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 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 ...
2023.10.09 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 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. •...
2023.10.06 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 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 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...
2023.10.05 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 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 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 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...

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