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2022.12.05 Motion to Compel Further Responses 758
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.05
Excerpt: ...s in Set one. No attorney fees or cost awarded. Responding party to provide further verified documents within 20 days of service of notice. Moving party to provide notice. Plaintiffs, Jeffrey E. Fromberg and Mary E. Fromberg, individually and as Trustees of the Fromberg Family Trust dated June 23, 2009, filed the operative First Amended Complaint (FAC) on 8/17/22 against Defendants, Barbara A. Long (aka Barbara Vanton Long), individually and as T...
2022.12.02 Motion to Compel Answers, Production of Docs 206
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.02
Excerpt: ...ses of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Ho...
2022.12.01 Motion to Expunge Lis Pendens 348
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.01
Excerpt: ...ezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust (“Defendant”). Plaintiff alleges that she is the equitable owner of real property located on Pueblo Rd. in Indian Wells (the “Property”). (Complaint, ¶ 9.) Plaintiff began occupying the Property as a second home in approximately June 2015 and has, since that time, made all of the mortgage payments and paid for all upkeep of the Property. (Id., ¶¶ 10‐11.) Plaintiff allege...
2022.12.01 Motion to Compel Arbitration 457
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.12.01
Excerpt: ...failing to complete the work, failing to provide agreed upon credits, and for failing to pay for all materials pursuant to the agreement. The complaint asserts the following causes of action: (1) breach of contract, (2) money had and received, (3) negligence, (4) breach of duty of good faith and fair dealing, (5) unjust enrichment, and (6) fraud and deceit. Defendant brings this motion seeking to compel Plaintiff to arbitration. It asserts that P...
2022.11.29 Motion to Quash Civil Subpoena or for Protective Order 377
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...a to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). Defendants Insurancebeacon.com, Inc. dba Magnolia Aut...
2022.11.29 Motion for Sanctions 113
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...come the court's order on December 6, 2022 8:30 a.m. regardless of whether terminating sanctions are imposed. Defendant to provide notice pursuant to CCP 1019.5. This is a personal injury action filed by plaintiff Twinisha Robinson against True Vine Hospitality, LLC (dba Budget Inn) and Dhansukhbhai Bhakta. The complaint, filed July 15, 2020, alleges causes of action for negligence and premises liability. Plaintiff alleges that she was injured wh...
2022.11.29 Demurrer, Motion to Strike 866
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.29
Excerpt: ...efendant Jacob Williams aka Jacob Charles Williams (“Defendant”). Plaintiff alleges that she and Defendant began dating in June 2015 and began cohabitating in July 2016 in a home located in Bermuda Dunes, California. (SAC, ¶¶ 6‐7.) Plaintiff purchased the home in June 2019 using funds provided by her father and has made all mortgage payments. (SAC, ¶¶ 8‐9, 12.) Plaintiff alleges that without consideration from Defendant – or for rea...
2022.11.23 Motion to Vacate Default Judgment 440
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.23
Excerpt: ... present and that the matter proceeded as a default hearing. (Minute Order dated January 26, 2022, ROIC California, LLC v. Bakos, UDPS2100440.) At the conclusion of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision ...
2022.11.23 Demurrer to FAC 536
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.23
Excerpt: ...ce as to 4th cause of action. Defendant to provide notice pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr. and Kilimanjaro Partners II, LLC allege 6 causes of action (COA) for 1) fraud, 2) breach of fiduciary duty, 3) breach of contract, 4) quiet title, 5) conversion, and 6) declaratory relief. Defendant Edwin Cosek specially demurs to the entire First Amended Complaint (FAC) on the grounds that Plaintiff ...
2022.11.09 Motion for Summary Adjudication to FAC 116
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.09
Excerpt: ... are also references to Xceptor, LLC and Electronic Servitor Publication Network, Inc. (ESI), all of which Palumbo allegedly controlled/controls. Plaintiff was apparently hired as the director of marketing. The first amended complaint (FAC), which plaintiff filed on 3/24/22, pleads causes of action (COA) for: 1 )Hostile work environment/sexual harassment; 2) Wrongful termination in violation of public policy; 3) Retaliation; 4) Failure to prevent...
2022.11.07 Motion to Consolidate Complaint 843
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.07
Excerpt: ...ted and the Fast Track hearing dates in the Master File shall govern. Prevailing party is ordered to prepare formal order consistent with the court's ruling and file it with the court by November 17, 2022. Notice to be given pursuant to CCP 1019.5. This action was filed by plaintiff Steven Bahr (“plaintiff” or “Bahr”) on 6/9/21, alleging that his former wife, defendant Brianne Maurer (“defendant” or “Maurer”), breached an oral agr...
2022.11.07 Motion to Compel Responses 234
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.07
Excerpt: ...ly June 2005 until April 2017, with her family, including her minor aged children, Veronica Juarez resided at the Rancho Palms Mobile Home Park (“Rancho Palms”) in the city of Rancho Mirage. Defendant, City of Rancho Mirage, forced Ms. Juarez and her family to vacate her home of 12 years after Defendants destroyed Rancho Palms, all of Rancho Palms' mobile homes, and ejected 126 low‐income families, the vast majority of whom were Hispanic. D...
2022.11.04 Motion to Set Aside Default 460
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.04
Excerpt: ... 4/16/18, Ade transferred all rights in the Agreement and truck to Defendant, Towz, Inc. dba Extreme Towing (Towz), but remained liable to Advantage for liabilities under the Agreement. All rights, title and interest in the Agreement and truck were subsequently transferred to Plaintiff. Plaintiff alleges that on 4/1/19, Defendants breached the Agreement by failing to make the monthly payment, and continues to fail to make any further payments. Ba...
2022.11.03 Motion for Interlocutory Judgment of Partition 685
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.03
Excerpt: ...rie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. Rappaport. Plaintiff alleges he has been deprived of the use of the subject property and that sale is preferred because physically dividing the subject property cannot occur because there is a...
2022.11.01 Motion to Quash or Limit Subpoena 099
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ... with this order to be produced within 45 days of this order becoming final. Intervenor Riemer to provide notice pursuant to CCP 1019.5. The operative complaint filed on January 3, 2022 alleges Plaintiff Jay Rein (“Rein”) is the son of Sheila Riemer (“Sheila”), who died on October 7, 2021. (Complaint, ¶ 1.) Alvyn Riemer (“Alvyn”) is Rein's stepfather and was married to Sheila from 1986 until she died. (First Amended Complaint in Inte...
2022.11.01 Motion to Compel Deposition, for Sanctions 037
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ... order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. On September 23, 2021, a Complaint for Damages was filed in this wrongful termination action alleging causes of action for: (1) Disability Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”); (2) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Re...
2022.11.01 Motion for Attorney Fees 326
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.11.01
Excerpt: ...el same date. Plaintiff filed his Complaint on 11/24/21 alleging three causes of action: 1) intentional misrepresentation regarding zoning; 2) declaratory relief and restitution regarding the purchase transaction; and, 3) breach of the purchase agreement. On 6/21/22, the Court sustained Seller Defendants' demurrers to each of the three causes of action, without leave to amend. The 7/18/22 Judgment provided that each Seller Defendant is a prevaili...
2022.10.31 Motion to Change Venue, Petition to Compel Arbitration 372
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.31
Excerpt: ... underlying legal action involved property in Imperial County and the legal proceedings were filed in the Superior Court of Imperial County, the obligations were to be performed in Imperial County, making it the proper venue under Cal. Code Civ. Pro. §395. Plaintiff alleges a breach of contract. Plaintiff Jose Luis Fuentes (“Plaintiff”) is a licensed attorney. On June 19, 2019, Defendant Carmen Hammond (“Defendant”) retained Plaintiff by...
2022.10.27 Demurrer to FAC 172
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.27
Excerpt: ...ide] (“Defendant County”) Deputy James Knudsen (“Defendant Knudsen”), and Deputy S. Garcia (“Deputy Garcia”). On 8/24/22, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action (COA) for: (1) False Arrest/False Imprisonment; (2) Use of Excessive Force; and (3) Bane Act Violations pursuant to California Civil Code, section 52.1. On 9/6/22, Plaintiff dismissed the second and third COA and Defendant Deputy Garcia...
2022.10.26 Motion to Vacate or Set Aside Default, Judgment 243
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.26
Excerpt: ...hem. However, as will be discussed below, the default is void as a matter of law because the California Secretary of State did not serve Defendants Collect Access and Zee Law Group until April 29, 2021. Defendants did not receive service of process until May 3, 2021. Defaults were entered against Defendants on May 3, 2021. Defendants moved to set aside the entry of default but the Court denied the Motion on July 29, 2021. Default judgment was ent...
2022.10.25 Motion to Compel Arbitration 996
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ntered into a warranty contract regarding the subject vehicle, that included several warranties, including bumper‐to‐bumper, powertrain and emissions warranties. Plaintiffs allege that during the warranty period, the subject vehicle developed defects or nonconformities, including electrical system defects, transmission defects and engine defects. Plaintiff alleges that all 2017 Dodge Page 4 of 7 Durangos are equipped with defective transmissi...
2022.10.25 Demurrer to FAC 136
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ion (COA): (1) disability discrimination (failure to hire); (2) “failure to hire in violation of public policy;” (3) failure to provide reasonable accommodations; (4) disability discrimination (disparate impact); (5) failure to engage in the interactive process; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. On August 9, 2022, Plaintiff filed a First Amended Complaint (“FAC”). Plainti...
2022.10.25 Demurrer 900
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.25
Excerpt: ...ce came to their home looking for a family member who does not live there. They allege that several deputies' actions violated training, procedures, and protocol while in the course and scope of their duties; acted in a negligent or intentional manner and were the cause of Plaintiffs' injuries. Plaintiffs filed their form Complaint on 3/4/22 alleging a single cause of action for general negligence against Defendant, County of Riverside. The Compl...
2022.10.24 Motion to Compel Production of Docs 562
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.24
Excerpt: ... moving party in the amount of $561.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. Page 5 of 6 Plaintiff, R.P. Insurance Services, Inc. dba Rosalio Plata Ins. Svcs., alleges that its original shareholder was Rosalio Plata (Sr.), now deceased, who transferred all outstanding shares to his son, Rosalio Plata (Jr.) and his daughter, Denis...
2022.10.24 Motion for Attorney Fees 325
Location: Riverside
Judge: Bustamante, Manny
Hearing Date: 2022.10.24
Excerpt: ...ntered into the following agreements: 1. Asset Purchase Agreement (“APA”); 2. Non‐ Compete Non‐Solicit (“NCNS”) Agreements entered into on 5/26/20, 4/1/20, and 6/1/20; 3. Independent Consulting Agreement (“ICCA”) executed on 4/1/20. Plaintiffs allege defendants breached the agreements by soliciting former clients and by disparaging plaintiffs. Plaintiffs also allege defendants misrepresented the value of the accounts sold to them;...

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