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Sep 13, 2021 Riverside County
See above.
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Sep 13, 2021 Riverside County
The plaintiff’s motion for leave to amend his complaint is denied. Analysis: A motion for leave to amend must be accompanied by a declaration that specifies when the plaintiff discovered the fact giving rise to the amended allegations and “[t]he reasons why the request for amendment was not made earlier.” ...
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Sep 10, 2021 Riverside County
The Court has no tentative ruling on the plaintiff’s motion for class certification. The parties shall be prepared to address the following issues: 1. The scope of the motion is unclear. The notice of motion states that the plaintiff seeks to certify the class to pursue four different causes of action (i.e...
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Sep 09, 2021 Riverside County
The plaintiff’s unopposed motion to vacate the dismissal is granted. The order of dismissal filed on 2-22-21 is vacated. As authorized by Code of Civil Procedure section 473, subdivision (c)(1)(B), the Court orders Alana B. Anaya or Anaya Law Group to pay the sum of $500 to the State Bar Client Security Fu...
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Sep 09, 2021 Riverside County
Hearing continued at hearing on ex parte application on 9-3-21.
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Sep 09, 2021 Riverside County
The motion to strike is granted. As to the issue of punitive damages, it is granted with 20 days’ leave to amend. As to the issue of attorney’s fees, it is granted without leave to amend. Any amended complaint shall include exhibit A, to which the complaint refers at ¶ 5, but which is not attached to the o...
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Sep 07, 2021 Riverside County
The motion of defendant HCR Manorcare, Inc., to quash service of the summons is granted. Analysis: The defendant has not generally appeared. The subpoenas to which the plaintiff relies were issued by counsel for Promedica Health Systems, Inc., et al. That MCI is represented by the same attorney does not de...
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Sep 02, 2021 Riverside County
The demurrer of HGMC to the first and third causes of action of the third amended complaint is overruled. HGMC shall file and serve its answer to the TAC within 10 days. Analysis: First Cause of Action: “Three essential elements must be present to raise a negligent act to the level of willful misconduct: (...
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Aug 31, 2021 Riverside County
Hearing continued to 9-1-21.
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Aug 31, 2021 Riverside County
The motion is granted in part and denied in part. The request for an order compelling the defendant to produce further documents is denied. The plaintiffs’ request for sanctions is denied. The defendant’s request for sanctions is granted in the reduced sum of $1,110 (3 hours of attorney time at $370 per ho...
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Aug 18, 2021 Riverside County
The request of DeSanti, et al., for judicial notice is denied because it is not relevant to the Court’s analysis. The evidentiary objections raised by DeSanti, et al., are not ruled upon because the evidence to which they are directed is irrelevant to the Court’s analysis. The motion of cross-complainants ...
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Aug 18, 2021 Riverside County
The plaintiff’s motion to quash the subpoenas issued by defendant Witham is granted. Analysis: Among the factors to be considered in deciding whether good cause has been shown to enforce a subpoena that has been challenged by a motion to quash is whether the party seeking production has met its burden to s...
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Aug 16, 2021 Riverside County
The motion of the third-party officers for reconsideration of the Court’s order of 6-25-21 is denied. The motion for a stay of enforcement of that order until the Court of Appeal rules on the officers’ petition for an extraordinary writ is denied. Analysis: The plaintiff and the defendant both contend that...
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Aug 13, 2021 Riverside County
The motion of defendant Wolfe for relief from his forfeiture of his right to object to Plaintiff’s request for production of documents, set three, is denied. Analysis: When moving for relief from the forfeiture resulting from the failure to respond to discovery in a timely fashion, general principles devel...
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Aug 11, 2021 Riverside County
The plaintiff’s motion to deem defendant Andres Martinez to have admitted the plaintiff’s requests for admission, set one, is granted. The defendant shall serve complete responses without objection within 20 days. Monetary sanctions are imposed against the defendant and defendant’s counsel, jointly and sev...
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Aug 11, 2021 Riverside County
The unopposed motion of Infinity Insurance to intervene is denied. Analysis: Neither the original proof of service of the motion, filed 5-24-21, nor the amended proof of service, filed 6-23-21, are signed by the declarant. Moreover, both describe service on only one party, the plaintiff, to the exclusion o...
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Aug 09, 2021 Riverside County
The defendant’s unopposed motion for relief from its forfeiture of its right to a jury trial is granted.
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Aug 06, 2021 Riverside County
The defendant’s unopposed motion to compel the plaintiff to respond to the defendant’s request to produce is granted. $860 is awarded in sanctions, payable forthwith. The proposed order is signed as modified to conform to the ruling above.
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Aug 05, 2021 Riverside County
The defendants’ unopposed motion to compel the plaintiff to serve responses to the defendants’ requests for production of documents is off calendar, pursuant to the order filed on June 7, 2021.
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Aug 05, 2021 Riverside County
The Court has no tentative opinion. Counsel shall appear by Webex prepared to discuss the questions posted on 8-2-21.
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Aug 04, 2021 Riverside County
The defendant’s motion to compel Ronald Rossman to appear for his first IME is granted. The plaintiff may be required to sign a form that records his consent to the examination by the examiner and that confirms that the plaintiff is not a patient of the examiner as a result of that examination. No other co...
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Aug 04, 2021 Riverside County
The second motion for preliminary approval is not yet approved. Counsel shall appear via Webex and be prepared to address the following issues: 1. The motion is inconsistent regarding class size: the Buin declaration assumes 300; the declaration of Aiwazian at ¶ 9 says 280; and the same declaration at ¶ 27...
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Aug 03, 2021 Riverside County
The plaintiff’s motion to compel further responses to form interrogatories from defendant Aceves is granted as to form interrogatories nos. 2.5(a), 2.8, 201.6, 200.1, 200.4, 201.1, and 201.4, but otherwise denied. Further responses shall be served no later than August 25, 2021. Monetary sanctions are impos...
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Aug 03, 2021 Riverside County
The plaintiff’s unopposed motion to vacate the dismissal entered on May 7, 2021, is granted. The order of dismissal is vacated. As authorized by Code of Civil Procedure section 473, subdivision (c)(1)(B), the Court orders Thomas J. Prenovost, Jr., or Prenovost, Normandin, Dawe, & Rocha to pay the sum of $5...