The Honorable Irma Poole Asberry

Riverside County Superior Court, Department 5

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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

  • LATTIMORE VS VAL VERDE UNIFIED SCHOOL DISTRICT

    Aug 12, 2020 |  Riverside County

    Sustained with 20 days’ leave to amend for the reasons described below. Unless provided by statute, a public entity is not liable for an injury. (Gov. C. § 815(a).) To state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particu...

  • JACKSON VS PEPE'S INC

    Aug 11, 2020 |  Riverside County

    Granted in part and denied in part. Granted as to Paragraphs 30 and 39 of and granted in its entirety as to defendant Pepe’s Towing. Plaintiff is allowed 20 days leave to amend. Denied as to punitive damages on the third cause of action for battery as against defendant Hernandez only. The SAC fails to alle...

  • SHIVELY VS. JONES III

    Aug 11, 2020 |  Riverside County

    Granted as quashing production of Nos. 10-15 and 18 and Plaintiffs’ request for sanctions in the reduced and reasonable amount of $1,110. Defendants’ request for sanctions is denied. A party seeking discovery must make a showing of good cause for the production of said matters and whether the items sought ...

  • LI VS WANKE DEVELOPMENT GROUP

    Aug 10, 2020 |  Riverside County

    Granted. The order is effective upon filing of the Proof of Service of the signed order upon the client.

    ...

  • PETERS VS CITY OF BEAUMONT CALIFORNIA

    Aug 10, 2020 |  Riverside County

    Moot. Hearing on the Demurrer occurred on 7-9-20 at which time orders were made.

    ...

  • KAMERMAN-KRETZMER D.O. VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

    Aug 06, 2020 |  Riverside County

    Continued to September 9, 2020, at 8:30 a.m., Department 5, to allow meet and confer regarding the Second Supplement Responses, which were served prior to the filing of the motion. Meet and confer is required by §§2016.040, 2030.300(b), and 2031.310(b) and by the court’s General Order No. 2020-15 as to mot...

  • AREIO VS ATTIA

    Aug 06, 2020 |  Riverside County

    It appears that in conjunction with the motion to strike, Areio Inc. attempted to file a demurrer to the second amended cross-complaint, which the court clerk rejected and returned due to an issue with the document title. The demurrer is not on file although there was filed an opposition and reply. Counsel...

  • KAMERMAN-KRETZMER D.O. VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

    Aug 06, 2020 |  Riverside County

    See Tentative No. 3 above.

    ...

  • WILLIAMS VS BOMBARDIER RECREATIONAL

    Aug 05, 2020 |  Riverside County

    Continued to 9-3-20 at 8:30 a.m. to allow meet and confer as required by CCP §§ 2016.040 and 2030.300(b)(1). Moving party is file a declaration at least ten court days before the next hearing describing the meet and confer efforts and the issues, if any, that remain unresolved. No further briefing will be ...

  • SORIA VS SORIA JR

    Aug 05, 2020 |  Riverside County

    The Minute Order dated 7-29-20 states that the entire case was settled at the mandatory settlement conference of 7-29-20 and that all future hearings remain on calendar until the appropriate documents are filed. Case has been set for an OSC re Dismissal for 8-27-20. In light of the settlement of the entire...

  • O'HARE VS GROVE

    Aug 04, 2020 |  Riverside County

    The unopposed motion is granted, Plaintiff Robin O’Hare is to serve responses to the Form Interrogatories (Set One) and Special Interrogatories (Set One) within 30 days of the date of this order. Additionally, Plaintiff to pay Defendant attorney fees in the amount of $560 (2 hours at $250 plus $60 costs), ...

  • PRICE VS TALBOTT

    Aug 04, 2020 |  Riverside County

    Denied. The Supplemental Declaration has been considered. Defendant’s response to the Request for Admission (RFA) was not a straight denial or unequivocal. Defendant stated he had insufficient information to admit or deny at the time it was propounded. Defendant contends the response served over a year and...

  • REYES VS WALMART INC

    Aug 04, 2020 |  Riverside County

    Denied. Plaintiff has shown that there exists a triable issue of material fact as to whether the incident occurred within Irizarry’s scope of employment. The existence of a single material fact issue defeats an entire motion for summary judgment. (Cal. Rules of Court, rule 3.1350(a)(2) Hour Fitness v. Supe...

  • SHIVELY VS. JONES III

    Aug 03, 2020 |  Riverside County

    Granted as to requests nos. 29-32. Nos. 27 and 28 are no longer at issue because supplemental responses have been provided. Granted as to Plaintiffs’ requests for sanctions amount of $795.00 (cost of $60 + 2.1 hours at $350) per motion, which amount the court finds reasonable. Denied as Defendants’ request...

  • SHIVELY VS. JONES III

    Aug 03, 2020 |  Riverside County

    See Tentative No. 3 above.

    ...

  • FLORES VS GONZALEZ

    Aug 03, 2020 |  Riverside County

    Continued to 8-21-20 at 8:30 a.m., Department 5. Court exercises its discretion to consider the late filed Opposition and Reply. Kapitanski v. Von’s Grocery Store (1983) 146 Cal. App. 3d 29, 32.

    ...

  • MCLAURIN VS NORCO TRUCK CENTER INC

    Aug 03, 2020 |  Riverside County

    Granted as to arbitration with AAA and stay of these proceedings pending completion of AAA arbitration. The request for costs is denied. Upon the granting of the motion, the Case Management Conference is vacated.

    ...

  • AREIO VS ATTIA

    Jul 30, 2020 |  Riverside County

    Granted as to monetary sanctions in the reduced reasonable amount of $585 ($195 X 3 hours). Denied as to terminating or evidentiary issue sanctions. The opposition states that responses have been served on Plaintiff to comply with the court orders. The Reply stated the responses the previous boiler-plate r...

  • LOVEST VS CEED SECURITY CORPORATION

    Jul 30, 2020 |  Riverside County

    The unopposed motion is granted.

    ...

  • AREIO VS ATTIA

    Jul 30, 2020 |  Riverside County

    Granted as to monetary sanctions in the reduced reasonable amount of $585 ($195 X 3 hours). Denied as to terminating or evidentiary issue sanctions. See Tentative Ruling No. 3 above for the court’s reasons for this ruling.

    ...

  • MORENO VS FCA US LLC

    Jul 29, 2020 |  Riverside County

    Granted in the amount of $62,162.00 attorney’s fees to Plaintiff under Civil Code section 1794(d) of the Song-Beverly Consumer Warranty Act (Song-Beverly). The court declines awarding a lodestar enhancement in this matter. The court finds the fees are allowable under Song-Beverly, the time expenditure was ...

  • MONTES VS ADVANCE TECHNOLOGY

    Jul 28, 2020 |  Riverside County

    See Tentative No. 2 above.

    ...

  • SHIVELY VS. JONES III

    Jul 28, 2020 |  Riverside County

    See Tentative No. 4 above.

    ...

  • ST JAMES RESTORATION TABERNACLE VS WALL JR

    Jul 28, 2020 |  Riverside County

    Denied. There insufficient evidence of a failure to prosecute. The moving parties have failed to demonstrate the claims are a sham and that there are no other litigation- related grounds for dismissal. Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no sho...

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Recent Rulings by Hon. Irma Poole Asberry

  • LATTIMORE VS VAL VERDE UNIFIED SCHOOL DISTRICT

    Aug 12, 2020 |  Riverside County

    Sustained with 20 days’ leave to amend for the reasons described below. Unless provided by statute, a public entity is not liable for an injury. (Gov. C. § 815(a).) To state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particu...

  • JACKSON VS PEPE'S INC

    Aug 11, 2020 |  Riverside County

    Granted in part and denied in part. Granted as to Paragraphs 30 and 39 of and granted in its entirety as to defendant Pepe’s Towing. Plaintiff is allowed 20 days leave to amend. Denied as to punitive damages on the third cause of action for battery as against defendant Hernandez only. The SAC fails to alle...

  • SHIVELY VS. JONES III

    Aug 11, 2020 |  Riverside County

    Granted as quashing production of Nos. 10-15 and 18 and Plaintiffs’ request for sanctions in the reduced and reasonable amount of $1,110. Defendants’ request for sanctions is denied. A party seeking discovery must make a showing of good cause for the production of said matters and whether the items sought ...

  • LI VS WANKE DEVELOPMENT GROUP

    Aug 10, 2020 |  Riverside County

    Granted. The order is effective upon filing of the Proof of Service of the signed order upon the client.

    ...

  • PETERS VS CITY OF BEAUMONT CALIFORNIA

    Aug 10, 2020 |  Riverside County

    Moot. Hearing on the Demurrer occurred on 7-9-20 at which time orders were made.

    ...

  • KAMERMAN-KRETZMER D.O. VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

    Aug 06, 2020 |  Riverside County

    Continued to September 9, 2020, at 8:30 a.m., Department 5, to allow meet and confer regarding the Second Supplement Responses, which were served prior to the filing of the motion. Meet and confer is required by §§2016.040, 2030.300(b), and 2031.310(b) and by the court’s General Order No. 2020-15 as to mot...

  • AREIO VS ATTIA

    Aug 06, 2020 |  Riverside County

    It appears that in conjunction with the motion to strike, Areio Inc. attempted to file a demurrer to the second amended cross-complaint, which the court clerk rejected and returned due to an issue with the document title. The demurrer is not on file although there was filed an opposition and reply. Counsel...

  • KAMERMAN-KRETZMER D.O. VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

    Aug 06, 2020 |  Riverside County

    See Tentative No. 3 above.

    ...

  • WILLIAMS VS BOMBARDIER RECREATIONAL

    Aug 05, 2020 |  Riverside County

    Continued to 9-3-20 at 8:30 a.m. to allow meet and confer as required by CCP §§ 2016.040 and 2030.300(b)(1). Moving party is file a declaration at least ten court days before the next hearing describing the meet and confer efforts and the issues, if any, that remain unresolved. No further briefing will be ...

  • SORIA VS SORIA JR

    Aug 05, 2020 |  Riverside County

    The Minute Order dated 7-29-20 states that the entire case was settled at the mandatory settlement conference of 7-29-20 and that all future hearings remain on calendar until the appropriate documents are filed. Case has been set for an OSC re Dismissal for 8-27-20. In light of the settlement of the entire...

  • O'HARE VS GROVE

    Aug 04, 2020 |  Riverside County

    The unopposed motion is granted, Plaintiff Robin O’Hare is to serve responses to the Form Interrogatories (Set One) and Special Interrogatories (Set One) within 30 days of the date of this order. Additionally, Plaintiff to pay Defendant attorney fees in the amount of $560 (2 hours at $250 plus $60 costs), ...

  • PRICE VS TALBOTT

    Aug 04, 2020 |  Riverside County

    Denied. The Supplemental Declaration has been considered. Defendant’s response to the Request for Admission (RFA) was not a straight denial or unequivocal. Defendant stated he had insufficient information to admit or deny at the time it was propounded. Defendant contends the response served over a year and...

  • REYES VS WALMART INC

    Aug 04, 2020 |  Riverside County

    Denied. Plaintiff has shown that there exists a triable issue of material fact as to whether the incident occurred within Irizarry’s scope of employment. The existence of a single material fact issue defeats an entire motion for summary judgment. (Cal. Rules of Court, rule 3.1350(a)(2) Hour Fitness v. Supe...

  • SHIVELY VS. JONES III

    Aug 03, 2020 |  Riverside County

    Granted as to requests nos. 29-32. Nos. 27 and 28 are no longer at issue because supplemental responses have been provided. Granted as to Plaintiffs’ requests for sanctions amount of $795.00 (cost of $60 + 2.1 hours at $350) per motion, which amount the court finds reasonable. Denied as Defendants’ request...

  • SHIVELY VS. JONES III

    Aug 03, 2020 |  Riverside County

    See Tentative No. 3 above.

    ...

  • FLORES VS GONZALEZ

    Aug 03, 2020 |  Riverside County

    Continued to 8-21-20 at 8:30 a.m., Department 5. Court exercises its discretion to consider the late filed Opposition and Reply. Kapitanski v. Von’s Grocery Store (1983) 146 Cal. App. 3d 29, 32.

    ...

  • MCLAURIN VS NORCO TRUCK CENTER INC

    Aug 03, 2020 |  Riverside County

    Granted as to arbitration with AAA and stay of these proceedings pending completion of AAA arbitration. The request for costs is denied. Upon the granting of the motion, the Case Management Conference is vacated.

    ...

  • AREIO VS ATTIA

    Jul 30, 2020 |  Riverside County

    Granted as to monetary sanctions in the reduced reasonable amount of $585 ($195 X 3 hours). Denied as to terminating or evidentiary issue sanctions. The opposition states that responses have been served on Plaintiff to comply with the court orders. The Reply stated the responses the previous boiler-plate r...

  • LOVEST VS CEED SECURITY CORPORATION

    Jul 30, 2020 |  Riverside County

    The unopposed motion is granted.

    ...

  • AREIO VS ATTIA

    Jul 30, 2020 |  Riverside County

    Granted as to monetary sanctions in the reduced reasonable amount of $585 ($195 X 3 hours). Denied as to terminating or evidentiary issue sanctions. See Tentative Ruling No. 3 above for the court’s reasons for this ruling.

    ...

  • MORENO VS FCA US LLC

    Jul 29, 2020 |  Riverside County

    Granted in the amount of $62,162.00 attorney’s fees to Plaintiff under Civil Code section 1794(d) of the Song-Beverly Consumer Warranty Act (Song-Beverly). The court declines awarding a lodestar enhancement in this matter. The court finds the fees are allowable under Song-Beverly, the time expenditure was ...

  • MONTES VS ADVANCE TECHNOLOGY

    Jul 28, 2020 |  Riverside County

    See Tentative No. 2 above.

    ...

  • SHIVELY VS. JONES III

    Jul 28, 2020 |  Riverside County

    See Tentative No. 4 above.

    ...

  • ST JAMES RESTORATION TABERNACLE VS WALL JR

    Jul 28, 2020 |  Riverside County

    Denied. There insufficient evidence of a failure to prosecute. The moving parties have failed to demonstrate the claims are a sham and that there are no other litigation- related grounds for dismissal. Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no sho...

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