The Honorable Irma Poole Asberry

Riverside County Superior Court, Department 5

Biography

The Hon. Irma Poole Asberry is a judge for the Riverside County Superior Court in California. She was appointed to the bench by former Governor Arnold Schwarzenegger in 2007. She filled the vacancy created by the retirement of the Hon. Thomas Douglass, Jr. (Ret.). At the time of her appointment, Judge Asberry held the distinction of being the first African American female judge to serve in Riverside County.

She is a registered Democrat.

Judge Asberry received her B.S. from the University of California, Riverside in 1976. She went on to earn her J.D. from the University of San Diego School of Law in 1979.

After law school, Asberry joined the law firm of Butterwick, Bright, Pettis & Cunnison, where she practiced bankruptcy law. At the time of her departure from the firm in 1988, Asberry was serving as a partner and had transitioned into the practice of family law. Asberry then opened her own firm, where she continued in the practice of bankruptcy and family law. She remained in that capacity until her appointment to the Superior Court in 2007.

While on the bench, Judge Asberry has presided over a civil calendar at the Historic Courthouse.

She has been an active member of the Riverside County Bar Association and also served as its past-president.

Recent Rulings by Hon. Irma Poole Asberry

  • PETERS VS CITY OF BEAUMONT CALIFORNIA SPECIAL DEMURRER FOR UNCERTAINTY TO ANSWER

    Jan 19, 2021 |  Riverside County

    Overruled. Plaintiff brings this demurrer to Kapanicas’ answer. He contends that the first, second, third, fourth, fifth, sixth, and seventh affirmative defenses are uncertain because they do not specifically identify the cause of action to which they apply. Additionally, he asserts that the first, second,...

  • MARTINSON VS BANNING UNIFIED SCHOOL DISTRICT

    Jan 19, 2021 |  Riverside County

    Continued to 2-25-21, 8:30 a.m., Department 5. There is no declaration indicating that moving party spoke with plaintiff telephonically or in person prior to filing the demurrer as such, moving party failed to comply with their meet and confer obligations under CCP § 430.41(a). Defendant is ordered to meet...

  • GHAFFARI VS REGENT APARTMENTS LLC

    Jan 14, 2021 |  Riverside County

    It is noted that the Case Report show a Reply Brief was filed on 1-1-21. This late filed document was not available to the court on imaging as of the time of posting this tentative. It is further noted that although the Case Report shows the filing of a Reply Brief, there is no indication that opposition w...

  • GHAFFARI VS REGENT APARTMENTS LLC

    Jan 14, 2021 |  Riverside County

    It is noted that the Case Report show a Reply Brief was filed on 1-1-21. This late filed document was not available to the court on imaging as of the time of posting this tentative. It is further noted that although the Case Report shows the filing of a Reply Brief, there is no indication that opposition w...

  • DESERT EQUITIES GROUP VS SANCHEZ REYES

    Jan 13, 2021 |  Riverside County

    Granted as to the request to set aside the default and default judgment. Denied as to the request to dismiss the complaint. Plaintiff’s request for attorney fees of $3000 to set aside the motion is denied. Even if the court could find service was proper, the motion is granted pursuant to Code of Civil Proc...

  • HOPKINS VS CALIFORNIA UNEMPLOYMENT

    Jan 12, 2021 |  Riverside County

    Denied. The weight of the evidence supports Respondent’s decision that Petitioner was not eligible for Trade Readjustment Allowance benefits due to Petitioner’s failure to timely enroll in an approved training program or request a waiver pursuant to Title 20 of the Code of Federal Regulations, section 617....

  • PETERS VS CITY OF BEAUMONT CALIFORNIA

    Jan 12, 2021 |  Riverside County

    Continued to 1-19-20 at 8:30 a.m., Department 5, to be heard concurrent with the Special Demurrer set on that date.

    ...

  • DIEHLMAN VS RIVERSIDE HEALTHCARE AND WELLNESS

    Jan 11, 2021 |  Riverside County

    The unopposed motion is granted. Plaintiff, Barbara Deihlman and Successor-in-Interest to Raymond Carrillo, is to serve further responses to Request for Production of Documents (Set Three) Requests No. 22-24 within 20 days of the date of this order.

    ...

  • WINJET TRADING INC VS HSIEH

    Jan 11, 2021 |  Riverside County

    Granted. Plaintiffs to file the Second Amended Complaint within 5 court days. Leave to amend is liberally granted. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. M...

  • POWERS VS ALTA SERVICES, INC.

    Jan 07, 2021 |  Riverside County

    The unopposed motion is granted. The settlement meets the factors described in TechBilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d. 488 and was made in good faith.

    ...

  • FORREST VS CRYOGENIC HEARING RE: FINAL APPROVAL OF CLASS SETTLEMENT

    Jan 07, 2021 |  Riverside County

    Granted. The information requested at the 12-8-20 hearing has been provided. The proposed order has been reviewed and to be included in the proposed order and judgment it are the names of the two individuals that excluded themselves from the settlement. Additionally, the proposed order and judgment are to ...

  • QUEZADA VS RIVER SPRINGS CHARTER SCHOOL

    Jan 07, 2021 |  Riverside County

    Continued to 4-7-21 at 8:30 a.m., Department 5, pursuant to the parties’ stipulated request to continue hearing for at least 90 days because they have achieved a settlement and need time to have court approval of the Minor’s Compromise. Moving party is ordered to file a declaration at least 10 days before ...

  • CALVARY CHURCH OF GOD IN CHRIST VS THREE DESERT STREAMS INC

    Jan 06, 2021 |  Riverside County

    Overruled. Request for Judicial Notice of the grant deeds is granted pursuant to Evidence Code § 452(d) and (g). (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118; Scott v. JP Morgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754-755.) Defendant First Americ...

  • OLIVA VS SAPPORO SEAFOOD INC

    Jan 06, 2021 |  Riverside County

    Granted. Defendant is to file its Cross-Complaint within 5 days of this order and immediately effect on cross-defendants. Defendant has demonstrated that it is not acting in bad faith in addressing issues of shared liability by third parties. A defendant can cross-complaint against a codefendant or third p...

  • JORDAN VS CITY OF RIVERSIDE

    Jan 05, 2021 |  Riverside County

    Overruled. Defendants to file their Answer within 20 days of the date of this order. On the Court’s own motion, the Case Management Conference set for 1-11-21 is continued to 4-12-21 at 8:30 a.m., Department 5. Plaintiff has substantially complied with the Government Claims Act. In general, no suit for mon...

  • LIMON-GONZALEZ VS KIA MOTORS AMERICA INC

    Jan 05, 2021 |  Riverside County

    Denied as to striking of allegations and prayer for punitive damages and the prejudgment interest. In light of the ruling on the Demurrer, all other requests are moot. Defendant’s Motion to Strike mentions in passing the statute of limitations argument: “Moreover, as set forth in the Demurrer, Plaintiffs’ ...

  • MANLEY VS MANLEY

    Jan 05, 2021 |  Riverside County

    The unopposed motion is granted. The matters stated in the Request for Admissions (Set One) are deemed admitted. Plaintiff is ordered to pay Defendant sanctions in the amount $517.50 ($285 X 1.5 hours, attorney fees + $90 costs), which amount the court finds is reasonable.

    ...

  • CORA CONSTRUCTORS INC VS SERVITEK SOLUTIONS INC

    Jan 04, 2021 |  Riverside County

    Moot. The First Amended Complaint was filed on 11-19-20. This motion was filed on 10-16-20 to the initial complaint. There is but one operative pleading and the court may not grant summary judgment on a complaint which is no longer operative. An amended pleading supersedes the original one, which ceases to...

  • YOUNG VS FCA US, LLC

    Jan 04, 2021 |  Riverside County

    Continued to 1-28-21 8:30 a.m., Department 5 for reasons described in Tentative Ruling 4.

    ...

  • DACHA VS COLUMBIA RIVERSIDE, INC.

    Jan 04, 2021 |  Riverside County

    Overruled. Defendants are to file their Answer within 20 days of this order. The Case Management Conference is continued to 3-24-21 at 8:30 a.m., Department 5. If the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer. (Quelimane Co., Inc. v. Stewart...

  • ROBERSON VS

    Dec 23, 2020 |  Riverside County

    The motions are moot as to compelling responses because responses have been served. Sanctions are awarded in the amount of $590 ($250 X 2 hours + 90 costs), which amount the court finds reasonable, in favor of defendant Irina Gutheim and against plaintiffs and their counsel. Each of the discovery devices a...

  • PODSEDLY VS GARNER VALLEY PROPERTY OWNERS' ASSOCIATION INC

    Dec 23, 2020 |  Riverside County

    Denied. Moving party has failed to meet his burden of proof establishing likelihood of prevailing on the merits of the claim for injunctive relief or great or irreparable injury harm. The purpose of a preliminary injunction is to preserve the status quo and prevent irreparable harm ending trial on the meri...

  • PREMIER ROOFING & BUIDLING CO. INC. VS BINNQUIST DEVELOPMENT INCORPORATED

    Dec 22, 2020 |  Riverside County

    The unopposed demurrer of Laguna Hills Allspace to the third cause of action is sustained without leave to amend. On the Court’s own motion, the Case Management Conference is vacated and this matter is set for Trial Setting Conference on 3-22-21 at 8:30 a.m., Department 5.

    ...

  • RODAS VS PERFORMANCE TEAM LLC

    Dec 21, 2020 |  Riverside County

    The unopposed motion is granted. Fullmer Construction is ordered to serve its responses to Special Interrogatories (Set One) on A Cone Zone, Inc., within 20 days of the date of this order. Fullmer Construction shall pay to A Cone Zone, Inc. monetary sanctions in the amount of $502.50 ($165 X 1.5 hour + $19...

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Recent Rulings by Hon. Irma Poole Asberry

  • PETERS VS CITY OF BEAUMONT CALIFORNIA SPECIAL DEMURRER FOR UNCERTAINTY TO ANSWER

    Jan 19, 2021 |  Riverside County

    Overruled. Plaintiff brings this demurrer to Kapanicas’ answer. He contends that the first, second, third, fourth, fifth, sixth, and seventh affirmative defenses are uncertain because they do not specifically identify the cause of action to which they apply. Additionally, he asserts that the first, second,...

  • MARTINSON VS BANNING UNIFIED SCHOOL DISTRICT

    Jan 19, 2021 |  Riverside County

    Continued to 2-25-21, 8:30 a.m., Department 5. There is no declaration indicating that moving party spoke with plaintiff telephonically or in person prior to filing the demurrer as such, moving party failed to comply with their meet and confer obligations under CCP § 430.41(a). Defendant is ordered to meet...

  • GHAFFARI VS REGENT APARTMENTS LLC

    Jan 14, 2021 |  Riverside County

    It is noted that the Case Report show a Reply Brief was filed on 1-1-21. This late filed document was not available to the court on imaging as of the time of posting this tentative. It is further noted that although the Case Report shows the filing of a Reply Brief, there is no indication that opposition w...

  • GHAFFARI VS REGENT APARTMENTS LLC

    Jan 14, 2021 |  Riverside County

    It is noted that the Case Report show a Reply Brief was filed on 1-1-21. This late filed document was not available to the court on imaging as of the time of posting this tentative. It is further noted that although the Case Report shows the filing of a Reply Brief, there is no indication that opposition w...

  • DESERT EQUITIES GROUP VS SANCHEZ REYES

    Jan 13, 2021 |  Riverside County

    Granted as to the request to set aside the default and default judgment. Denied as to the request to dismiss the complaint. Plaintiff’s request for attorney fees of $3000 to set aside the motion is denied. Even if the court could find service was proper, the motion is granted pursuant to Code of Civil Proc...

  • HOPKINS VS CALIFORNIA UNEMPLOYMENT

    Jan 12, 2021 |  Riverside County

    Denied. The weight of the evidence supports Respondent’s decision that Petitioner was not eligible for Trade Readjustment Allowance benefits due to Petitioner’s failure to timely enroll in an approved training program or request a waiver pursuant to Title 20 of the Code of Federal Regulations, section 617....

  • PETERS VS CITY OF BEAUMONT CALIFORNIA

    Jan 12, 2021 |  Riverside County

    Continued to 1-19-20 at 8:30 a.m., Department 5, to be heard concurrent with the Special Demurrer set on that date.

    ...

  • DIEHLMAN VS RIVERSIDE HEALTHCARE AND WELLNESS

    Jan 11, 2021 |  Riverside County

    The unopposed motion is granted. Plaintiff, Barbara Deihlman and Successor-in-Interest to Raymond Carrillo, is to serve further responses to Request for Production of Documents (Set Three) Requests No. 22-24 within 20 days of the date of this order.

    ...

  • WINJET TRADING INC VS HSIEH

    Jan 11, 2021 |  Riverside County

    Granted. Plaintiffs to file the Second Amended Complaint within 5 court days. Leave to amend is liberally granted. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. M...

  • POWERS VS ALTA SERVICES, INC.

    Jan 07, 2021 |  Riverside County

    The unopposed motion is granted. The settlement meets the factors described in TechBilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d. 488 and was made in good faith.

    ...

  • FORREST VS CRYOGENIC HEARING RE: FINAL APPROVAL OF CLASS SETTLEMENT

    Jan 07, 2021 |  Riverside County

    Granted. The information requested at the 12-8-20 hearing has been provided. The proposed order has been reviewed and to be included in the proposed order and judgment it are the names of the two individuals that excluded themselves from the settlement. Additionally, the proposed order and judgment are to ...

  • QUEZADA VS RIVER SPRINGS CHARTER SCHOOL

    Jan 07, 2021 |  Riverside County

    Continued to 4-7-21 at 8:30 a.m., Department 5, pursuant to the parties’ stipulated request to continue hearing for at least 90 days because they have achieved a settlement and need time to have court approval of the Minor’s Compromise. Moving party is ordered to file a declaration at least 10 days before ...

  • CALVARY CHURCH OF GOD IN CHRIST VS THREE DESERT STREAMS INC

    Jan 06, 2021 |  Riverside County

    Overruled. Request for Judicial Notice of the grant deeds is granted pursuant to Evidence Code § 452(d) and (g). (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118; Scott v. JP Morgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754-755.) Defendant First Americ...

  • OLIVA VS SAPPORO SEAFOOD INC

    Jan 06, 2021 |  Riverside County

    Granted. Defendant is to file its Cross-Complaint within 5 days of this order and immediately effect on cross-defendants. Defendant has demonstrated that it is not acting in bad faith in addressing issues of shared liability by third parties. A defendant can cross-complaint against a codefendant or third p...

  • JORDAN VS CITY OF RIVERSIDE

    Jan 05, 2021 |  Riverside County

    Overruled. Defendants to file their Answer within 20 days of the date of this order. On the Court’s own motion, the Case Management Conference set for 1-11-21 is continued to 4-12-21 at 8:30 a.m., Department 5. Plaintiff has substantially complied with the Government Claims Act. In general, no suit for mon...

  • LIMON-GONZALEZ VS KIA MOTORS AMERICA INC

    Jan 05, 2021 |  Riverside County

    Denied as to striking of allegations and prayer for punitive damages and the prejudgment interest. In light of the ruling on the Demurrer, all other requests are moot. Defendant’s Motion to Strike mentions in passing the statute of limitations argument: “Moreover, as set forth in the Demurrer, Plaintiffs’ ...

  • MANLEY VS MANLEY

    Jan 05, 2021 |  Riverside County

    The unopposed motion is granted. The matters stated in the Request for Admissions (Set One) are deemed admitted. Plaintiff is ordered to pay Defendant sanctions in the amount $517.50 ($285 X 1.5 hours, attorney fees + $90 costs), which amount the court finds is reasonable.

    ...

  • CORA CONSTRUCTORS INC VS SERVITEK SOLUTIONS INC

    Jan 04, 2021 |  Riverside County

    Moot. The First Amended Complaint was filed on 11-19-20. This motion was filed on 10-16-20 to the initial complaint. There is but one operative pleading and the court may not grant summary judgment on a complaint which is no longer operative. An amended pleading supersedes the original one, which ceases to...

  • YOUNG VS FCA US, LLC

    Jan 04, 2021 |  Riverside County

    Continued to 1-28-21 8:30 a.m., Department 5 for reasons described in Tentative Ruling 4.

    ...

  • DACHA VS COLUMBIA RIVERSIDE, INC.

    Jan 04, 2021 |  Riverside County

    Overruled. Defendants are to file their Answer within 20 days of this order. The Case Management Conference is continued to 3-24-21 at 8:30 a.m., Department 5. If the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer. (Quelimane Co., Inc. v. Stewart...

  • ROBERSON VS

    Dec 23, 2020 |  Riverside County

    The motions are moot as to compelling responses because responses have been served. Sanctions are awarded in the amount of $590 ($250 X 2 hours + 90 costs), which amount the court finds reasonable, in favor of defendant Irina Gutheim and against plaintiffs and their counsel. Each of the discovery devices a...

  • PODSEDLY VS GARNER VALLEY PROPERTY OWNERS' ASSOCIATION INC

    Dec 23, 2020 |  Riverside County

    Denied. Moving party has failed to meet his burden of proof establishing likelihood of prevailing on the merits of the claim for injunctive relief or great or irreparable injury harm. The purpose of a preliminary injunction is to preserve the status quo and prevent irreparable harm ending trial on the meri...

  • PREMIER ROOFING & BUIDLING CO. INC. VS BINNQUIST DEVELOPMENT INCORPORATED

    Dec 22, 2020 |  Riverside County

    The unopposed demurrer of Laguna Hills Allspace to the third cause of action is sustained without leave to amend. On the Court’s own motion, the Case Management Conference is vacated and this matter is set for Trial Setting Conference on 3-22-21 at 8:30 a.m., Department 5.

    ...

  • RODAS VS PERFORMANCE TEAM LLC

    Dec 21, 2020 |  Riverside County

    The unopposed motion is granted. Fullmer Construction is ordered to serve its responses to Special Interrogatories (Set One) on A Cone Zone, Inc., within 20 days of the date of this order. Fullmer Construction shall pay to A Cone Zone, Inc. monetary sanctions in the amount of $502.50 ($165 X 1.5 hour + $19...

  • See More Results

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