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Sep 13, 2021 Riverside County
The Court denies the motion to continue the MSJ hearing, but finds good cause to proceed with the current hearing date set for MSJ on 10/26/21. FACTUAL / PROCEDURAL CONTEXT On 4/25/19, Plaintiffs Donald Deever and Connie Deever filed this lemon law action for: (1) breach of express warranty; (2) breach of ...
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Sep 13, 2021 Riverside County
The Court grants the motion to quash and strikes the June 27, 2021, Proof of Service by substitute service. FACTUAL / PROCEDURAL CONTEXT This case arises from a car crash that occurred on March 17, 2018, on Perris Boulevard, near the intersection of Sunnymead Boulevard in Moreno Valley. Plaintiffs filed th...
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Sep 08, 2021 Riverside County
The Court grants the motion to compel further responses without objection to Requests for Production of Documents Nos. 7, 10, and 11 and produce the documents, provided the parties have entered into a stipulated protective order. Said responses shall be made within 20 days after the protective order is in ...
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Sep 08, 2021 Riverside County
The Court orders counsel to appear.
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Sep 03, 2021 Riverside County
The Court denies the petition for writ of mandate. FACTUAL / PROCEDURAL CONTEXT Save Rancho Mirage (“Petitioner”) has filed this petition contending that City of Rancho Mirage (“City”) improperly passed a Development Agreement with In-N-Out Burgers. Petitioner had filed an earlier writ challenging CEQA iss...
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Sep 02, 2021 Riverside County
The Court grants the motion for attorneys’ fees and costs in the reduced amount of $58,061.85 (142.6 hours at $400 per hour for $57,040.00 plus $1,021.85 in costs and expenses.) FACTUAL / PROCEDURAL CONTEXT This is a claim under the Song-Beverly Warranty Act (Act). The operative First Amended Complaint (FA...
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Aug 30, 2021 Riverside County
The Court grants Defendants Kehe Distributors, LLC, Westrux International LLC and Richard Leroy Sloss’ motion for good faith settlement. The Court finds that the settlement is in good faith within the meaning of Code of Civil Procedure section 877.6. This determination bars any other joint tortfeasor or co...
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Aug 27, 2021 Riverside County
The Court denies the Writ of Mandate. FACTUAL / PROCEDURAL CONTEXT Petitioner Kent Pagel (“Petitioner” or “Pagel”) was employed as an assistant track-and- field coach for the University of California, Riverside (“University”). A female student-athlete (“Complainant”) filed a report alleging Petitioner sexu...
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Aug 26, 2021 Riverside County
The Motion to compel Plaintiff to appear for the IME is granted. (Code Civ. Proc., §20232.250(a).) Plaintiff is ordered to appear for a physical examination at the office of Dr. Brent D’Arc’s office located at 7117 Brockton Avenue, Riverside, CA 92506, on September 9, 2021, at 9:45 a.m. If Plaintiff is una...
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Aug 25, 2021 Riverside County
The Court grants the motion relieving counsel effective upon the filing of the proof of service upon the client. The Court recognizes that once the proof of service is filed, Defendant Crius Corp. cannot represent itself; a corporation must be represented by an attorney. On its own motion, the Court shall ...
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Aug 23, 2021 Riverside County
The Court sustains the demurrer as all causes of action with 30 days’ leave to amend. Page 8 of 10
FACTUAL / PROCEDURAL CONTEXT This is a defamation case. Plaintiff Father Nicholas Matar (“Plaintiff”) filed the original complaint against defendant Haider Twal (“Defendant”) on September 14, 2020 and...
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Aug 20, 2021 Riverside County
Continued to October 1, 2021, at 1:30 pm, to be heard telephonically.
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Aug 19, 2021 Riverside County
The motion to stay proceedings is denied. While the Court shall hear Pure Hearts motion to compel arbitration on 9/22/21, there is insufficient basis to stay proceedings as to all of the remaining defendants.
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Aug 18, 2021 Riverside County
The Court denies the motion for summary adjudication.
FACTUAL / PROCEDURAL CONTEXT Plaintiffs Tyesha Calhoun (“Tyesha”), Tyzjon Calhoun (“Tyzjon”) and Taletha Calhoun (“Taletha”) (together, “Plaintiffs”) filed the complaint (the “Complaint”) in this action on November 27, 2018 against defendants Ci...
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Aug 17, 2021 Riverside County
The Motion for summary adjudication is denied. FACTUAL / PROCEDURAL CONTEXT This is an action for construction defect filed by Plaintiff Minako American Corporation, dba Minco Construction (“Minco”), a general contractor, against the County of Los Angeles (“County”) and its subcontractor, Northwest Pipe Co...
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Aug 12, 2021 Riverside County
The Motion for Summary Judgment and/or Summary Adjudication is denied. The Court finds that there exist questions of material fact regarding Plaintiff’s delivery of the contingency removal to Defendant. In addition, Plaintiff has not met her burden that she is entitled to specific performance.
FACT...
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Aug 11, 2021 Riverside County
The Court orders the parties/attorneys to appear. On 7/7/21, the Court continued Defendant’s motion to compel to today’s date to give Plaintiff additional time to respond to the discovery requests. As of the drafting of this tentative, the Court has no information whether Plaintiff responded to discovery o...
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Aug 05, 2021 Riverside County
The Court grants Defendant Williams motion to compel further responses within 10 days to Form Interrogatory 20.5, 20.6, 20.7 and 20.8. All of those interrogatories asked basic questions about the facts surrounding the accident, and after reviewing the Plaintiff’s responses the Court finds each of them to b...
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Aug 05, 2021 Riverside County
The Court grants in part, and denies in part, the unopposed motion. The Court finds that sanctions have not been paid, as ordered, and as such the Court grants Plaintiff’s motion for a judgment in favor of EDUARDO GOMEZ, ARACELI GOMEZ, and LALO' S AUTO SERVICES & REPAIRS, INC., against attorney Thomas Hrou...
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Aug 04, 2021 Riverside County
The Motion to quash is granted. The Court finds the reason the Application and Order for Appearance and Examination, and the concurrently served Subpoena Duces Tecum, seek third party discovery beyond the scope permitted by statute. The judgment debtor exam set for 8/11/21 is hereby vacated. FACTUAL / PROC...
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Aug 03, 2021 Riverside County
The Court sustains the demurrer as to the 3rd through 6th causes of action without leave to amend. As the only two remaining causes of action are the dental malpractice and lack of informed consent claims, the Court orders Defendant to file an answer within 30 days. With respect to the case management hear...
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Jul 30, 2021 Riverside County
The Court grants the order for preliminary approval of the class action settlement. Counsel is ordered to appear to discuss future dates. The only issue the Court has, which has been discussed with counsel in prior hearings, is that with respect to payroll taxes, as the amount of taxes is only an estimate,...
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Jul 30, 2021 Riverside County
On June 10, 2021, the Court issued a tentative ruling to grant the motion and deny leave to amend the complaint explaining “Plaintiff failed to provide any evidence showing a factual assertion, legal theory or claim not yet pleaded, for which an amendment would be appropriate.” After hearing oral argument,...
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Jul 28, 2021 Riverside County
Defense counsel filed a notice of settlement and application for good faith settlement on July 14, 2021. Because it was mailed served, the Court must wait at least 25 days to allow any objections to the settlement. Defense counsel also filed a declaration in support of their motion to continue the MSJ. The...
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