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Location: Riverside x
Judge: Keen, Eric x
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...
2024.02.23 Motion for Preliminary Injunction 224
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.23
Excerpt: ...al interest to be ser ved or some particular right to be preserved or protected over and above the interest held in common with the public at large.'” (Holmes v. California Nat. Guard (2001) 90 Page 6 of 13 Cal.App.4th 297, 315.) “This interest must be concrete and actual, and must not be conjectural or hypothetical.” (Iglesia Evangelica Latina, Inc. v. S. Pac. Latin Am. Dist. Of the Assemblies of God (2009) 173 Cal.App.4th 420, 445; Associ...
2024.02.21 Motion for Attorney Fees 132
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.21
Excerpt: ... this case. After a trial in this case, on December 12, 2023, this Court Page 3 of 7 issued a Final Statement of Decision in favor of Plaintiff Association. Plaintiff Association is the present assignee of the interest in a 2007 Performance Deed of Trust encumbering the golfcourse. (Final Statement of Decision, pg. 1.) In 2015, a judgment was entered in the prior case in favor of Association that it is entitled to the remedy of foreclosure on its...
2024.02.20 Motion to Compel Deposition of PMK 781
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.20
Excerpt: ... problems with the vehic le. Plaintiffs presented the vehicle for repair, but Defendant was unable to conform the vehicle to the applicable warranties. Plaintiffs requested the vehicle be repurchased or replaced, but Defendant refused. On 3/16/23, Plaintiffs filed the FAC against Defendant, alleging (1) breach of implied warranty of merchantability under the Song -Beverly Act, (2) breach of express warranty under the SongBeverly Act, and (3) Vio...
2024.02.16 Motion to Compel Further Responses 450
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.16
Excerpt: ...sign and manufacturing def ect; strict liability – failure to warn; and res ipsa loquitor. In the Complaint, Plaintiff alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skyline's jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purch...
2024.02.16 Anti-SLAPP Motion to Strike, Demurrer on FAC 224
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.16
Excerpt: ... 22, 2023 (the “Policy”). Plaintiffs filed the original complaint on August 2, 2023 and the operative First Amended Complaint (“FAC”) on October 13, 2023. The Resolution bans “Critical Race Theory or other similar frameworks” in the classroom. In particular, the Resolution bans te aching of the following five elements of Critical Race Theory (“CRT”): 1. Racism is racial prejudice plus power, a concept that is often used to argue...
2024.02.15 Motion to Compel Responses 725
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.15
Excerpt: ...efendant City of Riverside to lease and develop portions of the Riverside Municipal Airport. In 2013, City approved RASI's development and construction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated...
2024.02.14 Motion to Vacate Dismissal 569
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.14
Excerpt: ...ailure to timely file proof of service on complaint pursuant to CRC 3.110(b & f). A motion to set aside a dismissal is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a dismissal under CCP §473(b) must be based on either: declara tions or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in whic...
2024.02.14 Motion to Stay Proceedings Pending Arbitration 334
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.14
Excerpt: ... property to t he south. Brown and his wife have resided on their property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they inte nded to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/County. The engineer installed new monuments o...
2024.02.13 Motion for Protective Order 450
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.13
Excerpt: ...ility – failure to warn; and res ipsa loquitor. In the Complaint, Plainti¯ alleges he was employed by Champion Home Builders, Inc. dba Skyline Homes (“Skyline”), a manufacturer of modular homes. (Complaint at ¶ 11.) He worked at Skylines jobsite, located at 499 W. Esplanade Avenue, San Jacinto, California (the “jobsite”). (Complaint at ¶ 11.) Skyline contracted with Defendants for the purchase and installation of products at the jo...
2024.02.13 Motion for Sanctions 666
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.13
Excerpt: ...ention to resign or retire” (SAC ¶ 12) The SAC alleges sometime that day, DeSantis struck a “secret deal” with former Mayor Yxstian Gutierrez (Gutierrez) and thenAssistant City Attorney Paul Early (Early) that resulted in a “settlement agreement” to pay DeSantis “an enhanced settlement package worth over $300,000” (SAC ¶ 13) After the closed session, Early “reported out of closed session defendant DESANTIS' notice of resigna...
2024.02.08 Motion to Set Aside Dismissal 420
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.08
Excerpt: ...acility Act (Bus & Pro Code §§ 21700) and (2) violation o the Unlawul, Unair or Fraudulent Business Acts and Practices (Bus & Pro Code §§ 17200 et seq) On 5/31/2023, the Court dismissed the entire action without prejudice (Order o Dismissal was Þled by the Court on 6/5/2023) Plainti¯s had ailed to appear at two consecutive hearings ater having been given notice On 8/10/2023, Plainti¯s Þled a Motion to Set Aside the dismi...
2024.02.08 Motion to Consolidate 227
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.08
Excerpt: ...co San Diego, and Randall Hoover • CVRI2306261: Plainti¯s Michael Manzanarez and Keith Koko; Defendants Sysco Corporation and Sysco Riverside, Inc The causes of action in CVRI2203227 are: 1 Violation of Labor Code §11025 (all plainti¯s) 2 Wrongful constructive termination in violation of public policy (all plainti¯s) 3 Negligent hiring, supervision, and retention (all plainti¯s) 4 Age discrimination (all plainti¯s) 5 Associati...
2024.02.07 Motion to Compel Responses, for Monetary Sanctions 602
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.07
Excerpt: ... CRYSTAL GALO Tentative Ruling: Motions by Plainti¯ to Compel Responses to Request for Production of Documents, Set One and to Compel Responses to Form Interrogatories Set One were Þled on 12/21/23. Notice was given by electronic mail on 12/21/2023 regarding the motion and hearing date. Any response would need to be Þled and served 9 court days prior to the hearing (CCP 1005). The Court has not received any opposition to these motions. Accord...
2024.02.07 Demurrer 707
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.07
Excerpt: ...inti¯ alleges that during the warranty period, the Subject Vehicle developed nonconformities, including a transmission defect which causes the vehicle to experience hesitation, delayed acceleration, harsh or hard shifting, jerking, shuddering and/or juddering (“Transmission Defect”). Plainti¯ asserts that, despite its inability to repair the Subject Vehicle, Defendant refuse to repurchase the vehicle in violation of the Song Beverly Consu...
2024.02.06 Motion for Preliminary Injunction 018
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.06
Excerpt: ...ndants' unlawful use of the Property for unpermitted weddings, large events, rentals, and associated activities and improvements, generated noise and tra¯ic issues for the community, causing a public nuisance. (Id. at ¶ 4.) On September 25, 2023, the County Þled a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County asked the Court to declare that the condition at the Property ...
2024.02.05 Motions for Reconsideration 420
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.05
Excerpt: ...Defendants”), alleging (1) violation of the California Self-Service Storage Facility Act (Bus. & Prof. Code §§ 21700) and (2) violation of the Unlawful, Unfair or Fraudulent Business Acts and Practices (Bus. & Prof. Code §§ 17200 et seq.). On 5/31/2023, the Court dismissed the entire action without prejudice (Order of Dismissal was Þled by the Court on 6/5/2023). Plainti¯s had failed to appear at two consecutive hearings after having bee...
2024.02.05 Motion to Strike Complaint 785
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.05
Excerpt: ... Blvd. in Perris (“property”). On June 15, 2019, Plainti¯'s predecessor, 420 Harley Knox, LLC, a California LLC (“Prior Landlord”), entered into a lease with Defendant COTC Management, LLC (“COTC”) for the property. On July 27, 2021, Prior Landlord and Tenant entered into that certain First Amendment to Lease (“First Amendment”), whereby Defendants 420-1, LLC (“420-1”) and 420-3, LLC (“4203) were added as additional tenant...
2024.02.05 Demurrer 992
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.05
Excerpt: ...48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has Þled a Cross-Complaint against Home Care. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide said care and it would ...
2024.02.02 Motion to Contest Good Faith Settlement 946
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.02
Excerpt: ...�'s vehicle. Defendant Patricia Solis is alleged to own the vehicle operated by Analley Solis (“Solis Defendants”). Plainti¯ Þled the complaint on November 10, 2022, alleging 1) motor vehicle negligence; and 2) general negligence. On July 20, 2023, the Solis Defendants Þled a Notice of Settlement and simultaneously Þled an Application for Determination of Good Faith Settlement. Plainti¯ Þled an Objection to the Notice of Settlement on...
2024.02.01 Motion to Compel Further Responses 409
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.01
Excerpt: ...various warranties, including a 4-year/50,000-mile express bumper to bumper warranty, a 4-year/50,000-mile powertrain warranty. Plainti¯ asserts that during the warranty period, the Subject Vehicle developed defects and non-conformities, including engine, emission, steering, electrical and suspension defects. Plainti¯ delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to r...
2024.02.01 Motion for Summary Judgment on FAC 563
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.01
Excerpt: ...igence; and 2) premises liability Page 3 of 11 Defendant Forge Partners LLC (“Defendant”) (owner of the property) now moves for summary judgment on the ground there is no issue of material fact as the allegedly unsafe condition was “open and obvious” and there was no necessity that Plainti¯ encounter the allegedly unsafe condition Defendant argues Plainti¯ was leaving her daughter's apartment in the afternoon and stepped o¯ the co...
2024.02.01 Demurrers, Motion to Strike 666
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2024.02.01
Excerpt: ...NT ON 2ND AMENDED COMPLAINT FOR OTHER COMPLAINT (OVER $25,000) OF JASON HUNTER Tentative Ruling: This action for recovery under the California False Claims Act (“CFCA”) at Government Code, § 12650, et seq. has been brought by Plainti¯ Jason Hunter in a representative capacity on behalf of the public. The Second Amended Complaint (SAC) revolves around a City Council closed session meeting that occurred on 12/10/19 when former City Manager T...

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