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Location: Riverside x
Judge: Keen, Eric x
2023.08.23 Demurrer, Motion to Strike 276
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.23
Excerpt: ...tract with American Honda —the New Vehicle Limited Warranty. (Comp. 99.) The basic coverage lasts 36 months or 25,000 miles, whichever comes first, and the powertrain coverage lasts for 60 months or 60,000 miles, whichever comes first. (Comp. 99.) Plaintiffs allege the vehicle suffers from defects, including a defective "Honda Sensing" system, a computerized driver-assistance system. (Comp. 985.) Plaintiffs bring the instant suit against Honda ...
2023.08.23 Motion to Compel Further Responses 957
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.23
Excerpt: ...hat Defendant previously knew of such Defects but nevertheless refused to repurchase the vehicle (i.e., Nos. 16, 19-20); (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (i.e„ Nos. 7, 10 and 34). Further, Plaintiff asserts that notwithstanding the plain relevance of these documents to Plaintiff's claims, however, Defendant has responded to the Requests at issue by way of pure, objections and ...
2023.08.22 Motion to Compel Further Responses 342
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.22
Excerpt: ... period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at 10.) During the warranty period, the subject vehicle contained or developed serious defects and nonconformities to warranty including, but not limited to the Body System Defect and Powertrain Defect. (ld. at 11—12; Manno Decl. "14—5.) Plaintiffs delivered the subject vehicle to GM's authorized repair facility for service or repair, but GM was unable ...
2023.08.21 Motion to Compel Arbitration 581
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.21
Excerpt: ...tion on June 23, 1986. Plaintiff worked as an executive administrative assistant serving several of Defendants' managing employees and executives. (Comp. "11-12.) Plaintiff was terminated from her employment on July 16, 2021. (Comp. 914.) Plaintiff alleges Salvador Mantes, Vice President of Operations, and Luis Tavares, Director of Operations, consistently spoke about the need to hire younger employees. (915.) Tony Sapien took over the position o...
2023.08.18 Review of Writ of Mandate 980
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.18
Excerpt: ... to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46-187.) On 12/20/21, the Board issued its notice of decision. (AR 16). On 2/17/22, the Board issued a final findings of fact. (AR 1-15.) Plaintiffs' expert, Ben F. Tunnell, Ill of BTI Appraisal, used both a cost approach and sales comparison approach. (AR 5.) In contrast, Ricardo Ocampo, Senior Appraise, found that the subject property was unique such that ava...
2023.08.18 Complaint for Validation 534
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.18
Excerpt: ...hts and due process rights found under Proposition 218. They argue the bonds improperly require that rate payers pay the #nsion liabilities for long-ago retired City employees, which is improper. The complaint for validation asserts the following causes of action: (1) validation action regarding Resolutions Nos. 23917 and 23924— City commitment to raise water rates through bond issuance and rate covenant in violation of California Constitution;...
2023.08.17 Motion to Compel Compliance, for Sanctions, to Quash 631
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.17
Excerpt: ...gail Baker, N.P. ("NP Baker"), and Britanny Travis, M.A. ("MA Travis") (collectively, "Defendants"). On July 25, 2022, Plaintiffs filed their operative Second Amended Complaint ("SAC"), alleging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. Motion to Compe...
2023.08.17 Demurrer on SAC 682
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.17
Excerpt: ...of the Defendants are the true creditors as it has been discharged through a 2015 bankruptcy discharge (SAC 16-28.) As it relates to Defendant Samuel Hamrick, the SAC alleges: 69. As well known, Interloper- US BANK NA as Trustee OF AN UNKNOWN TRUST (USB as Trustee) is not allowed in this action. Nevertheless, with the help of an accomplice, the clerk of the superior court Defendant W. SAMUEL HAMRICK, JR., Interloper-USB-WACHOVIA was forcibly inse...
2023.08.15 Motion to Strike Costs 278
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.15
Excerpt: ...e terms of the Settlement. The Plaintiffs in the Prior Action subsequently dismissed the action, and filed the complaint in a separate action (CVRI 2203209). The court in CVRI 2203209 denied a special motion to strike. The decision was appealed, and the case is currently stayed. Plaintiffs the Estate of Frances Marsh (by and through its personal representative A. Scott Kalkwarf), James Wynne and Timothy Wynne filed the complaint in the present ac...
2023.08.15 Motion to Compel Further Responses 571
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.15
Excerpt: ...various warranties, including a 4-year/50,OOO-mile express bumper to bumper warranty, a 4-year/50,OOO-mile powertrain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and nan-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle...
2023.08.14 Motion to Tax Costs 278
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.14
Excerpt: ...) the Mark Wynne parties were to pay $175,000 to the attorney-c ient trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Vonne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285,000) within 60 days of the execution of the Bi...
2023.08.14 Demurrer on FAC 248
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.14
Excerpt: ...he 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 Page 4 of 7 credit card; and 3) in 2019-2020 to start ...
2023.08.10 Motion for Attorney Fees 908
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ... and nonconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth various causes of action for violation of the Song-Beverly Act. * * * on May 15, 2023, the parties entered into a settlement agreement under which GM agreed to buy back the Vehicle for $105,000. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiffs would be deemed the prevaili...
2023.08.10 Motion to Tax Costs 345
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...dants Lea Jones ("Lea") and Robert Jones ("Robert"). On April 25, 2023, the court granted summary judgment in favor of Robert but denied the motion as to Lea. Notice of Ruling was filed on April 26, 2023. Robert filed a Memorandum of Costs on May 10, 2023. Robert seeks costs in the total amount of $2, 129.29 . * Plaintiff now moves to tax costs. Plaintiff notes that all of the claimed costs were incurred on behalf of both Robert and Lea and argue...
2023.08.10 Motion to Permit Participation in Action for All Purposes 124
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...maintenance and design company, dba Arriaga Custom Landscape. Plaintiff also owned five parcels of real property (his residence, three rental properties and a vacant lot), business assets, four trucks, a trailer and landscaping equipment. After he became incarcerated, Plaintiff entrusted his niece, defendant Rosa M. Reynaga de Gutierrez ("Rosa") and her husband, defendant Abel A. Gutierrez ("Abel"), to manage his properties, financial affairs and...
2023.08.10 Motion to Tax Costs 021
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.10
Excerpt: ...ip entered into a written lease, which was assigned to Plaintiff in 2002. On May 21, 2007, the Kims and Plaintiff entered into a lease amendment, which expired on July 31, 2016. The Kims thereafter continued to occupy the space on a month-to-month basis until July 31, 2021, when the Kims retired and ceased the business. Plaintiff alleges that from 2015 to July 2021, the Kims paid less rent each month than required under the Lease. Plaintiff seeks...
2023.08.09 Motion to Lift Stay 862
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.09
Excerpt: ...nd Pfister having disputes over the handling of the Trust and Veva's assets. In MCP17W472 there is a 9/18/19 Order wherein the probate court recited the terms of the 5/8/18 settlement agreement between Rodney and Pfister. In the agreement, Pfister& Rodney accepted and approved all prior co-trustee actons and expenses from their acceptance to act as co-trustees in 2012 at the resignation of Veva Haacke to the appointment of Robin J. Shea (which oc...
2023.08.09 Motion for Summary Judgment on SAC 479
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.09
Excerpt: ... Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the Plaintiffs' lease. Plaintiffs contend the approximate duration of the project has continually changed. Defendant has allegedly failed to communicate in a reasonable manner with Plaintiffs. It g...
2023.08.07 Motion to Compel Further Discovery Responses 448
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.08.07
Excerpt: ...es that the Subject Vehicle was delivered with defects and non-conformities. Plaintiff delivered the Subject Vehicle to authorized repair facilities on several occasions, but Defendant's agents were unable to repair it the vehicle after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle. On October 13, 2022, Plaintiff filed his Complaint. He asserts one cause of action for: (1) Violations o...
2023.07.20 Motion for Judgment on the Pleadings 506
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.20
Excerpt: ... CCP 5439. Mr. Molinari declares that he sent a meet and confer letter to Petitioner, who is in pro per, on 4/10/23. (Dec.Molinari '1 2.) He declares that his meet and confer letter is attached, but it is not. Instead, Mr. Molinari has attached Petitioner's letter in response. (ld. Ex. "2".) Mr. Molinari concludes that Petitioner's letter indicates Petitioner was not interested in trying to resolve the legal errors in his Petition. (ld. 3.) In re...
2023.07.18 Motion for Judgment on the Pleadings 772
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.18
Excerpt: ...the mortgage every month, he would receive title to the Property. (Comp. , 18.) Plaintiff and Thelma resided at the Property. (Comp„ '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp„ Exh A.) As of June 2021, Plaintiff and Thelma's relationship ended. (Comp., 8.) On April 29, 2022, Plaintiff f...
2023.07.17 Motion to Compel Further Responses 138
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.17
Excerpt: ...sclassified as an independent contractor. Plaintiff alleges that he was required to complete two 10-hour unpaid "training" days, during which he essentially built sheds for customers in the same manner as other employees. Plaintiff alleges that he was often required to work shifts that were longer than eight hours without meal and rest breaks and without overtime or double time pay. Plaintiff asserts that, because he was misclassified and paid a ...
2023.07.17 Demurrer, Motion to Strike 730
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.17
Excerpt: ...velt High School. (SAC "1 7, 20—21.) Defendant Corona-Norco Unified School District ("CNUSD") is a school district that maintains, operates, employs, supervises, and oversees the school district where Eleanor Roosevelt High School is located. (ld. at '1 2.) At all relevant times, Defendant Greg Anderson ("Anderson") was the principal of Eleanor Roosevelt High School. (ld. at 6.) On February 8, 2023, Plaintiff filed his operative SAC against CNU...
2023.07.14 Petition for Peremptory Writ of Mandate 777
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.14
Excerpt: ...ut a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Assuiaton ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction, as stated in the HOA's governing documents. (AR 1498- 1592.) Petitioners' pro#rty is also located within the Eldorado Barranca Property Owner's ("Barranca POA"). The Barranca POA ...
2023.07.13 Motion to Strike Complaint 551
Location: Riverside
Judge: Keen, Eric
Hearing Date: 2023.07.13
Excerpt: ...nd was the mother of Isabella and the husband of Fernando, who are Decedent's sole heirs. Plaintiffs allege that on 4/4/21 non-party Luis Alberto Leonides was driving a 2020 Nissan Sentra on the 91 freeway near Green River Road in Corona. Decedent was a passenger in the Sentra. Defendant, Baltazar Villanueva Ramos (Ramos) was driving his 2014 Chevrolet Camaro when he rear-ended the Sentra, which had stopped due to traffic. The impact caused the b...

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