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2021.04.30 Motion to Dismiss Complaint 142
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2021.04.30
Excerpt: ...th care facility in Murrieta, California, licensed by the Department. (Complaint, ¶1.) It is alleged that, on September 25, 2019, the Department issued a citation against Plaintiff, assessing a civil penalty of $15,000 for a Class “A” violation, concerning the care of a patient at Plaintiff's facility. (Complaint, ¶13.) The citation was issued for Plaintiff's failure “to assess and collect all pertinent information for changes in conditio...
2021.02.03 Motion to Compel Arbitration, Stay Action, to Lift the Stay 163
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2021.02.03
Excerpt: ...y to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel...
2020.10.27 Motion for Summary Judgment, Adjudication 257
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.10.27
Excerpt: ... (CCP § 437c(a).) The court must determine from the evidence presented that “there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (CCP § 437c(c)). A moving plaintiff has the initial burden of showing that there is no defense to a cause of action and to meet such burden must prove each element of his cause of action. (CCP § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Mari...
2020.10.21 Motion to Set Aside Ruling, Demurrer 225
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.10.21
Excerpt: ... cross‐complaint filed by Donica B. Simmons and Epsten APC originally heard after a request for oral argument was made by Ms. Baranowski on July 10, 2020. This hearing was reset to allow the parties to request oral argument, and if so requested, be given an opportunity to be heard on the court's tentative ruling entered as a final Order on July 10, 2020. In evaluating a demurrer, the court gives the pleading a reasonable interpretation by readi...
2020.10.20 Motion for Summary Judgment, Adjudication 259
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.10.20
Excerpt: ... must determine from the evidence presented that “there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (CCP § 437c(c)). A moving plaintiff has the initial burden of showing that there is no defense to a cause of action and to meet such burden must prove each element of his cause of action. (CCP § 437c(p)(1); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.A...
2020.09.10 Demurrer 458
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.09.10
Excerpt: ...uth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Although a court may take judicial notice of the existence of each document in a court file, it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conc...
2020.07.24 Motion to Vacate Renewal of Judgment 676
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.07.24
Excerpt: ...use it was brought within 30 days after service of the notice of renewal. Defendant asserts the grounds for vacating the renewal is failure to properly serve the summons and complaint. A judgment debtor bears the burden of proving, by a preponderance of the evidence that he is entitled to vacation of renewal of a judgment pursuant to CCP §683.170. Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195. Evid. Code §647 provides that...
2020.07.10 Demurrer 225
Location: Riverside
Judge: Garcia-Rodrigo, Candice
Hearing Date: 2020.07.10
Excerpt: ...eading it as a whole and all of its parts in their context. 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. However, a demurrer does not admit contentions, deductions or conclusions of fact or law. If the pleading fails to state a cause of action, the court must gr...

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