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Location: Riverside x
Judge: Moore, Russell L x
2023.07.11 Motion to Compel Mediation and Stay Action 198
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.07.11
Excerpt: ...t's surviving spouse. Both parties have filed competing petitions under Probate Code 850 (850 petitions). The subject asset is real property located at 960 N. Palm Canyon Drive, Palm Springs, CA (the Property) and the operating hotel thereon (the Canyon Club). Decedent and Petitioner were members of an LLC that operated the Canpn Club. The competing 850 petitions together constitute a dispute as to whether the Property is now owned by the estate ...
2023.07.11 Motion for Entry of Judgment 667
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.07.11
Excerpt: ...hat follow. Page 5 of 6 FACTS AND PROCEDURAL BACKGROUND Respondents Janis Carrillo and Maggie Edwards have brought a motion for judgment based upon a settlement entered into in open court on January 17, 2023. The motion is unopposed, and is meritorious for the reasons that follow. CCP section 664.6 provides that: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the ...
2023.06.16 Motion to Strike Complaint on FAC 281
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.06.16
Excerpt: ... Matin Aghania's demurrer to the second cause of action in the first amended complaint (FAC) because California does not recognize a cause of action for negligent interference with contractual relations. (See Davis v. Nadrich (2009) 174 Cal.App.4th 1, 9.) The court further sustained, albeit with leave to amend, Aghania's demurrer to the fourth cause of action for negligent interference with prospective economic advantage. The court overruled the ...
2023.05.19 Motion to Compel Compliance with Subpoena, for Sanctions 281
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.05.19
Excerpt: ... DENY the motion with respect to requests 3-5, and 8-14. The court further intends to engage the parties at oral argument in a discussion about requests 15 and 16. The court will tentatively GRANT the motion with respect to requests 15 and 16 and order SoCal Gas to produce a privilege log. FACTS Integrity Specialists International, Inc. and Brandon Hillman (collectively "Plaintiffs") contend that since April 2018, they have maintained a contractu...
2023.05.19 Motion for Summary Judgment, Adjudication 087
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.05.19
Excerpt: ... to prevent cause of action to the extent it relies on a theory of discrimination, but the court will DENY the motion to the extent the failure to prevent cause of action relies on a theory of harassment. The court's further tentative ruling is to DENY defendant Jason Smith's motion for summary judgment. The court grants the requests for judicial notice. The court also overrules all evidentiary objections. While itis perhaps true that plaintiff's...
2023.04.21 Motion to Stay or Dismiss Pursuant to Doctrine of Forum Non Conveniens 147
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.04.21
Excerpt: ... ("truck") was being driven by non-party Richard Lamar Brown on the 1-10 freeway in Riverside County. Defendant Armando Gonzales Cardin ("Cardin"), who was under the influence of alcohol, collided with the truck causing substantial damage. Plaintiff alleges that his truck, which was insured by Defendants Lancer Insurance Company and Lancer Management Company ("Lancer"), was determined by Lancer to be a total loss when in reality it was only parti...
2023.03.17 Motion for Leave to Amend FAC 011
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.03.17
Excerpt: ... against Defendant Palo Verde Hospital-Palo Verde Healthcare District. However, leave to amend will be denied as to the new whistleblower retaliation causes of acton due to Plaintiff's failure to comply with the Government Claims Act. This is an alleged racial discrimination case. Plaintiff Brenda Featheran ("Plaintiff"), who is African-American, was employed by Defendant Palo Verde Hospital and Palo Verde Healthcare District ("Defendant") as a l...
2023.03.10 Motion to Stay or Dismiss for Forum Non Conveniens 147
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.03.10
Excerpt: ...subject of judicial notice), 8, 9, 10, 11, 12, 13, and 14. The remaining objections are OVERRULED.I FACTS According to the first amended complaint (FAC), on June 9, 2019, Plaintiff Shenji Liu dba Stone Buddha Transport's ("Plaintiff") tractor- trailer truck ("truck") was being driven by non-party Richard Brown on the 1-10 freeway. Defendant Armando Cardin ("Cardin"), who was allegedly under the influence of alcohol, collided with the truck causin...
2023.02.03 Application to Stay Administrative Decision 006
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.02.03
Excerpt: ...(Code Civ. Proc., §§ 526, 1086.) While the losses alleged are substantial, they are nevertheless economic ones, and there is insufficient evidence to conclude that an award of money damages will not sufficiently compensate plaintiff/petitioner. The evidence submitted at this stage is also insufficient to establish a binding commitment between the parties to establish a long‐term lease or extension of the previous lease, as would be necessary ...
2023.01.20 Motion to Compel Further Responses 139
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2023.01.20
Excerpt: ...ly 7, 2021, Plaintiffs filed their operative First Amended Complaint (“FAC”) alleging (1) breach of express warranty in violation of Song‐Beverly, (2) breach of implied warranty in violation of SongBeverly, and (3) a violation of Civil Code section 1793.2 (duty to maintain sufficient service and repair facilities). Plaintiffs allege that on November 15, 2019, they purchased a new 2019 Ram 1500 pickup truck manufactured and distributed by FC...
2022.12.23 Demurrer 144
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.12.23
Excerpt: ...gery and fraud.” Defendant's demurrer alleges that plaintiff's “forgery and fraud” allegations are based, if at all, on declarations submitted in support of defendant's previous successful motion for summary judgment in case BLC1900255. This may in fact be true, but the court cannot ascertain this information definitively from the evidence before it. The court is also largely of the view that defendant is correct when it argues that its pri...
2022.12.13 OSC Re Contempt 368
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.12.13
Excerpt: ... reviewed in the court of appeal thereby divesting this court of jurisdiction. (Code Civ. Proc., § 916; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196‐199.) Second, the court agrees with respondent that the October 13, 2021, minute order constitutes an order or judgment of contempt that qualifies for appellate review. (Code Civ. Proc., § 1222; Moss v. Superior Court (1998) 17 Cal.4th 396, 404, fn. 3.) The court here is car...
2022.10.07 Demurrer 172
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.10.07
Excerpt: ...ons 337.1 and 337.15 to defendant City of Blythe's (city) cross‐complaint seeking indemnity. (See, e.g., Magnuson‐ Hoyt v. County of Contra Costa (1991) 228 Cal.App.3d 139 [A county may raise the statute of limitations defense codified in CCP 337.15. The court therefore believes the defense may also be raised against a city or county.]) In this inverse condemnation and nuisance action against city, city has cross‐complained against two cont...
2022.08.31 OSC Re Preliminary Injunction 368
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.08.31
Excerpt: ... city's enforcement of ordinance 1189. The general rule is that courts retain power to vacate or modify injunctive orders at any time. (Code Civ. Proc., § 533; Ward v. McKinsey (1929) 98 Cal.App.108, 111 [“[T]he court which has granted a preliminary injunction ex parte … may dissolve or modify it of its own motion wherever it becomes satisfied that the order was improvidently or erroneously made.”]; Minick v. City of Petaluma (2016) 3 Cal....
2022.08.12 Demurrer to SAC 240
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.08.12
Excerpt: ... AMEND defendant ARB Inc.'s (ARB) demurrer to the third, fourth, and fifth causes of action in the second amended complaint (SAC) filed by plaintiff Johnson‐Peltier (JP). JP shall be granted 30 days to file a third amended complaint. Barring unusual and extraordinary circumstances, leave to amend shall not be granted again. This case arises out of a construction contract dispute between general contractor ARB and its subcontractor JP. Southern ...
2022.08.08 Motion for Attorney Fees 531
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.08.08
Excerpt: ....5th 666, 708 [citation and internal quotations omitted]; see also Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, 453 [exhaustion requirement is a jurisdictional prerequisite and not a matter of judicial discretion]; Pub. Resources Code, § 21177.) A CEQA petitioner bears the burden of demonstrating that administrative remedies have been exhausted. (Sierra Club v. City of Orange (2008) 163 Cal.App.4th 523, 536.) Importantly, whe...
2022.07.29 Demurrer 051
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.07.29
Excerpt: ... contract, common counts, and quantum meruit, the first two COAs being the subject of check‐box pre‐ printed allegations in the form. Quantum meruit, another common COA, is listed next to the “Other” box on the form. These facts alone largely justify overruling the demurrer. However, the court will also rely on the following. Plaintiff alleges that defendant has failed to fully pay for billed services as required under Health & Safety Cod...
2022.07.11 OSC Re Preliminary Injunction 368
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.07.11
Excerpt: ...ertently omitted from the notices that issued. The court's further tentative is to continue this matter until August 8, 2022, at 10:00 a.m., in Dept. S205 of the superior court and to maintain the preliminary injunction in full force and effect until that date and time. Respondents are hereby invited to respond to petitioners' filing of today, July 8, 2022, and petitioners may of course respond to any written submission provided by respondents. T...
2022.06.27 Motion for Attorney Fees 531
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.06.27
Excerpt: ...isinclined to award petitioners more than $15,000 in fees for preparing and litigating this motion. This is not meant to minimize the importance or complexity of the issues at hand. However, $15,000 is more than many retainers in criminal and family law cases, and given the relatively short life of the project at issue, $15,000 seems to be a fully adequate sum for time spent preparing and litigating this motion. Next, going backwards in time, the...
2022.06.03 Motion for Attorney Fees 003
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.06.03
Excerpt: ... Plaintiff alleges that the subject vehicle had unrepairable defects related to the transmission. Specifically, he alleges that 2010‐2019 Chevrolet vehicles, including his, came equipped with a defective 8L90 MYC Hydra‐Matic Automatic Transmission that caused (1) reduced acceleration at low speed and/or (2) transmission‐slipping at launch as well as (3) sudden shuddering during acceleration. Plaintiff alleges the vehicle was presented to GM...
2022.05.27 Peremptory Writ of Mandate 166
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.05.27
Excerpt: ...signation by Absence without Leave” on November 6, 2018. According to the petition, respondent terminated petitioner's employment due to her failing to return to work for five consecutive days (October 31, 2018 through November 6, 2018) following approved leave. Petitioner however contends that she was not absent without leave (“AWOL”). She further argues that she substantially complied with respondent's procedures to extend her leave and t...
2022.04.29 Motion to Set Aside Judgment of Dismissal 031
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.04.29
Excerpt: ..., 2021. Defendant has never made an appearance in the action nor has he filed an answer or general denial. On March 1, 2021, plaintiff filed a request for entry of default. On April 6, 2021, the court's case management system automatically generated an October 8, 2021, order to show cause (OSC) hearing due to plaintiff's failure to file a default judgment. (See Cal. Rules of Court, rule 3.110, subd. (h).) The notice of hearing was mailed to plain...
2022.04.29 Demurrer 010
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.04.29
Excerpt: ...f public property and (2) negligence against the County of Riverside (defendant). Defendant demurs to the complaint on the grounds that it fails to state facts sufficient to support a cause of action. (Code Civ. Proc. (CCP), § 430.10, subd. (e).) It further argues that the complaint is limited to the initial government tort claim, and that the tort claim failed to allege a dangerous condition. The demurrer also argues that the complaint fails to...
2022.04.08 Motion to be Relieved as Counsel 022
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.04.08
Excerpt: ... three case management conferences (CMCs) and one trial setting conference (TSC). On October 8, 2021, the court granted two motions to compel discovery (interrogatories and requests for production) brought by plaintiff State Farm Mutual Automobile Insurance Company (State Farm). Both motions were unopposed by defendant Anton Lewis who has been represented by counsel throughout all proceedings. Counsel for defendant Lewis did not appear at the hea...
2022.03.14 Motion to Compel Arbitration and Stay Action 298
Location: Riverside
Judge: Moore, Russell L
Hearing Date: 2022.03.14
Excerpt: ...t on August 2, 2019, Southern California Gas Company (SCG) and Defendant ARB entered into a written construction services contract to replace compressors and auxiliary equipment at Plant 4 of the Blythe Compressor Station located at 13100 W. 14th Street in Blythe (Project). Plaintiff alleges that defendants ARB and Hercon are affiliates owned by the same parent company and that they have the same employees. On August 22, 2019, Plaintiff allegedly...

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