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Location: Riverside x
Judge: Keen, Eric x
2024.03.27 Motion to Strike 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...nd (3) vicarious liability un der Gov. Code § 815 et seq (On 2/24/2024, Plaintiffs filed a Request for Dismissal of Defendant State of California from this action without prejudice, which was granted by the Clerk that same day.) On April 28, 2022, Sullivan, while in the course and sc ope of her employment with the District, was operating a motor vehicle owned by the District. (Compl. 6.) Plaintiffs allege that Sullivan negligently operated the ...
2024.03.27 Motion for Leave to Amend Complaint 638
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.27
Excerpt: ...di (“Michael”) (Be cause multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect is intended.” (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal. App. 4th 280, 283.)) and Pasquale Justin Baldi (“Pasquale”) for: (1) conversion; (2) money had and received; (3) violation of Penal Code § 496; (4) breach of fiduciary duty; (5) breach of the duty of loyalty; (6) fraud; and ...
2024.03.26 Motion for Summary Judgment 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...10.) On November 13, 2018 , Plaintiff was criminally charged with vehicular manslaughter, Case No. INM1807905 (“criminal case”). (Id., ¶ 11.) Thereafter, Plaintiff retained Defendants to defend him in the criminal case. (Id., ¶¶ 12, 13.) Plaintiff alleges that Defendants mishandl ed and mismanaged the underlying criminal case, resulting in a criminal restitution order in excess of $400,000, notwithstanding his payment of $1.5 million to se...
2024.03.26 Motion for In-Camera Hearing 647
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.26
Excerpt: ...ts Complaint. Plaintiff assert s four causes of action for: (1) Open Book Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on Feb ruary 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, enter...
2024.03.25 Motion to Compel Deposition of PMQ 073
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.25
Excerpt: ...complaint for pre mises liability and general negligence against Defendant Cardenas Markets, Inc. for a slip and fall on 11/4/21 at Defendant's Moreno Valley store. On 10/2/23, Plaintiff filed a doe amendment naming Cardenas Markets, LLC as Doe 1. Plaintiff moves to comp el the depositions of the PMQs for both Defendants, contending that Defendants have failed to provide alternative dates and Defendants have refused to appear. Plaintiff requests...
2024.03.25 Motion for Attorney Fees 132
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.25
Excerpt: ...rovision authorizing recovery of fees incurred in connection with the enforcement of a prior judgment (Code Civ. Proc., § 685.040). It appears the merger rule does apply, and therefore, HOA cannot establish a basis for recovery of fees under the contractual fee provision of the Performance Deed of Trust as the entry of the judgment in the prior action is said to have absolved the defendant of further contractual obligations as the judgment repla...
2024.03.22 Motion to Compel Further Responses, for Sanctions 478
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.22
Excerpt: ..., set one, nos . 1-70. He contends Defendant provided boilerplate objections, and refused to produce any documents related to repurchase policies, or knowledge of the defect. He argues the claim are relevant to Song -Beverly penalties and fraud claim. He requests sanctions of $3,220.00. Defendant opposes the motion on the grounds that this is a basic lemon law case and is not entitled to information other than Plaintiff's vehicle. It argues Plain...
2024.03.21 Motion for Leave to Amend Complaint 445
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.21
Excerpt: ...usiness with their brother def endant Mazen Jawdat Hantuli (“Mazen”) for thirty years at 6111 Quail Valley Court (“property”) in Riverside and that they each own equal shares of the property and inventory. The business they conducted was car business and there are numerous cars remainin g on the property, along with related tools, car lift, spare parts, compressors, and a pressure washer. The business is now closed and plaintiffs allege t...
2024.03.20 Motion for Summary Judgment, Adjudication 450
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.20
Excerpt: ...f modular homes. He work ed at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). Skyline contracted with Defendants Atlas Copco Compressors, LLC and Atlas Copco Compressors (collectively “Atlas”), as well as Buds Air Compressor Company (“Buds Air”) (collectively with Atlas “Defendants”), for the purchase and installation of products, including an air tank, to be used at the jobsite. Pl...
2024.03.20 Demurrer, Motion to Strike 259
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.20
Excerpt: ...se where in Plaintiff alleges that he rendered $260,000 worth of plumbing services on a construction project for Defendants who also requested Plaintiff to spend an additional $ 117,000 on materials. Plaintiff alleges Defendants have refused to pay him for his services and the materials. The second amended complaint (“SAC”), is the operative pleading and asserts the following causes of action: 1. Breach of Oral Contract; 2. Work, Labor and Ma...
2024.03.08 Motion for Attorney Fees 653
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.08
Excerpt: ...that express and implied warranties accompanied the lease, the subject vehicle had defects and nonconformities that could not be repaired by Hoehn. On August 24, 2020, Plaintiffs filed their complaint alleging a single cause of action for Violation of Song -Beverly Consumer Warranty Act — B reach of Express & Implied Warranty. On S eptember 9, 2021, Defendants served a C.C.P., § 998 offer to Plaintiffs under which Defendants offered to “pay...
2024.03.07 Demurrer on FAC 543
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.07
Excerpt: ...standard treatment” for C OVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed of the standard treatment. Eventually, Decedent was admitted to the Medical Center. Defendan ts Ramin Akhavan, MD, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively “Physician Defendants”) concealed the “standard treatment” and in...
2024.03.06 Demurrer 474
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.06
Excerpt: ...pped on a greasy piz za box and fell at least six stairs causing serious injuries. On October 10, 2023, Plaintiff filed her Complaint against the Garage and the City of Riverside (“City”). She asserts two cause of action for: (1) Negligence —Premises Liability; and (2) Acts and Omission of Public Employees within the Scope of Employment. The City now demurs to the second cause of action against it. The City argues that a pizza box is not a...
2024.03.04 Motion to Consolidate 639
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.04
Excerpt: ...ity should b e retained. The attractiveness of consolidation varies widely, depending on the characteristics of the actions involved. Accordingly, there are no fixed rules on when permissive consolidation is desirable. The principal statute regulating permissive cons olidation, CCP §1048(a), specifies only one factor to be considered: whether the actions proposed to be consolidated involve "a common question of law or fact." Therefore,...
2024.03.04 Motion to Compel Deposition 334
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.04
Excerpt: ...from nonconformities, which could not be fixed despite providing GM and its representatives sufficient opportunity to repair the vehicle. (Complaint, ¶¶ 10, 12.) The nonconformities Plaintiff complains of include defects of the engine, check engine light, lifters, cylinder s, and other defects. (Complaint, ¶ 10.) Plaintiff alleges that Defendant and its representatives failed to conform the vehicle to the applicable warranties, but failed to ...
2024.03.04 Motion for Judgment Notwithstanding the Verdict 713
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.04
Excerpt: ...ptr. 766 (3d Dist. 1 990); Wolf v. Walt Disney Pictures & Television, 162 Cal. App. 4th 1107, 1138, 76 Cal. Rptr. 3d 585 (2d Dist. 2008)) The motion may be made by any party or the court sua sponte, and allows the court to grant judgment in favor of the party against whom the jury has rendered a verdict whenever a motion for nonsuit or directed verdict should have been granted if such a motion had been made. (CCP § 629) A motion for JNOV is esse...
2024.03.01 Motion to Exclude Expert Witness Testimony 788
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.01
Excerpt: ...w brings a moti on to exclude Defendant's designated expert witness, James Oaks, at trial as it has not produced him for deposition despite attempts to meet and confer. In the alternative, Plaintiff requests that Defendant be ordered to provide dates for deposition to occ ur immediately. In Opposition, Defendant contends that Plaintiff did not meet and confer. In addition, it asserts the categories and document requests are overbroad and its obje...
2024.03.01 Motion for Preliminary Injunction 292
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.01
Excerpt: ...es of actio n for: (1) private nuisance; (2) public nuisance; (3) intentional interference with prospective economic relations; (4) preliminary and permanent injunctive relief, and (5) declaratory judgment. Plaintiff alleges in its verified Complaint that, since the early morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to...
2024.03.01 Motion for Attorney Fees 487
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.03.01
Excerpt: ...tained the real property of 5302 Mission Boulevard, Jurupa Valley, California 92509 (the “Property”) as a public nuisance, in violation of California law and the Jurupa Valley Municipal Code (the “Municipal Code”). In the Complaint, the City prayed for payment of its costs and a ttorney's fees. (Complaint, page 22; Civil Code § 3496(c).) On July 3, 2023, the Court entered a Judgment for Permanent Injunction (the “Judgment”) against D...
2024.02.28 Motion to Compel Arbitrtion 224
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.28
Excerpt: ...Code §§ 1601 and 1602. In the FA C, Plaintiff alleges that, at all times relevant to his claims, he was a director (CEO) and 12.195% shareholder in Fleetwood. (FAC at ¶¶ 1, 7, 21.) Although the board of directors of Fleetwood attempted to remove him as a director on February 11, 2022, Fle etwood filed its Statement of Information with the Secretary of State on July 7, 2022, and identified him as a director at that time. (FAC at ¶ 8, Ex. A....
2024.02.28 Demurrer 873
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.28
Excerpt: ...ed by the econ omic loss rule. However, the court sustained, with leave to amend, as to the fraud cause of action on the grounds that the Complaint did not plead with specificity, but rather only conclusory statements. As the concealment was based on providing false or i ncomplete statements, the court found that the pleading must at least set forth the substance of the statements at issue, which it did not. Defendant Ford Motor once again demur...
2024.02.28 Demurrer 023
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.28
Excerpt: ...FMC), (2) Violation of Civ. Co de § 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code § 1793.2(a)(3) of Song -Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Inducement – Concealment (against FMC); and ( 6) Negligent Repair (against Palm). Plaintiff alleges that, on March 28, 2023, he entered into a warranty contract regarding a 2023 Ford F150, which was manu...
2024.02.26 Motion for Leave to Amend Complaint on SAC 248
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.26
Excerpt: ...contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her “woman's charm” to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her credit card; and 3...
2024.02.23 Motion to Strike on FAC 998
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.23
Excerpt: ...ase”) with defendant Maham Corp. to rent property located at 12860 Perris Blvd., Unit D -7 in Moreno Valley, where Trapp had lived for 24 years prior. The Lease contained two options to purchase the property. Trapp exercised both options to purchase the property, the first in 2018 for $110,000 and then a second in 2019 for $169,000, both of which Maham breached. Trapp filed a civil lawsuit seeking specific performance for the sale of the pro...
2024.02.23 Motion for Preliminary Injunction 995
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.23
Excerpt: ...nder the rules currentl y applied by the Department, they are auto -assigned rates exceeding 70 percent in Riverside County and 60 percent in San Bernardino County. They allege that the Department unveiled a new auto -assignment algorithm that will result in Defendants receiving fa r fewer Medi -Cal members. They argue that these changes were not made pursuant to the requirements in the Administrative Procedure Act (“APA”). The complaint asse...

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