Judge Irma Poole Asberry: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Overruled as to the first and fourth causes of action and sustained as to the second and third causes of action without leave to amend. Factual and procedural background: Plaintiff Jacquelyn Greer alleges that she was employed by the Defendant City of Riverside Police Department as a Senior Forensic Specia...

The motion is granted. The order is effective upon the filing of the proof of service of the signed order on the client.

The unopposed motion is granted.

See Tentative Ruling No. 2 above.

Sustained with 30 days leave to amend. Factual and procedural background: Plaintiff Salvador Venegas, an inmate, against defendant County of Riverside and numerous named employees of the Sheriff’s Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and ...

Continued to 9/22/21 at 8:30 a.m., Department 5. Court finds there is good cause to require counsel for parties to meet and confer to determine if the issues on this motion could be resolved. A letter was sent by moving party inviting a meet and confer. Moving party followed up with leaving a telephone mes...

The unopposed motion is granted. Plaintiff is to file its Second Amended Complaint within 10 days of this order.

See Tentative Ruling No. 9 below.

Granted subject to limitation of the scope of Nos. 31 – 41 and 43 to claims for compensation in which it was alleged an injury occurred as a result of an assault and battery in California, by a security guard employed by Defendant Securitas within the last three years. Further parties are ordered to meet a...

Denied as moot.

Factual and procedural background: Defendant Bishop brings this motion for an order to compel mediation pursuant to the parties’ stipulation, and to require Plaintiffs to sign the Joint Request for Hearing and Agreement for Mediation (Agreement). (Cal. Rules of Court [CRC], Rule 320...

The unopposed motion is granted.

Counsel to appear to discuss whether the additional document served by Plaintiff that is referred to in Plaintiff’s declaration filed on 8/20/21 complies with the Court’s order of 7-6-21.

Granted without leave to amend. The following portions of the Sixth Amended Complaint (6AC) are stricken: As to Defendant Kiser: Paragraphs 58, lines 23; 68, lines 8-9; 73, line 15; 87, lines 15-16; 92, lines 11-13; Paragraph 3 of prayer, line 23. As to Defendant Bigge: Paragraphs 68, lines 8-9; 72, line 8...

The unopposed motion is granted. Pacific Spine and Orthopedics is to produce the specified documents within the next 30 days at a date and time as set by Defendant Home Depot U.S.A., Inc. and Pacific Spine and Orthopedics is to pay Defendant Home Depot U.S.A., Inc. monetary sanctions in the reduced and rea...

It appears that on 6-16-21 a Request for Dismissal only as to the petition for writ of mandate was filed and not as to the causes of action for inverse condemnation and declaratory relief. Counsel are to appear to discuss status on the remaining issue and the proposed judgment and objections of Western Riv...

Granted. Defendant met its burden showing it owed no duty of care to Plaintiff because there is no evidence Defendant had prior knowledge of the dog’s dangerous propensities. The burden shifted to Plaintiff, but Plaintiff failed to produce sufficient evidence showing a triable issue of fact. Defendant’s ev...

Denied as to summary judgment / adjudication as to defendant First American Title Company. Granted as to summary judgment as to First American Title Insurance Company. Request for Judicial Notice: Granted as Defendant’s request. Judicial notice of recorded documents is proper under Evidence Code § 452(d) a...

Granted with modifications described below. Moving party is to provide a proposed protective order with the modifications described below. Factual and procedural background: Plaintiffs Luis Escobar and Irma Leticia Escobar (“plaintiffs”) allege that on 9-22-16, they purchased a new 2017 Ford Fusion (“subje...

Partially granted to allow the deposition to go forward in part only as to the foundational facts of the relationship with McKernan and continuing the hearing to 10-13-21 at 8:30 a.m., Department 5 if further hearing is needed. It is the further order of the court that if at the deposition the parties come...

Denied because there are triable issues of material fact regarding whether defendant Aruna Gupta, M.D. acted below the standard of care or was a substantial factor in causing the injuries allegedly suffered by plaintiff Aruna Snover. The declarations of Dr. Steven Rad for defendant and the opposing declara...

Sustained as to the second cause of action (age discrimination) with 20 days leave to amend. Overruled as to the fourth cause of action (medical condition or disability discrimination) and twelfth cause of action (intentional infliction of emotional distress). On the Court’s own motion, the Case Management...

Moot for the reasons described in Tentative No. 4 below.

Denied as to Summary Judgment and Summary Adjudication. Cross- Defendant did not meet its initial burden in establishing that Cross-Complainant failed to comply with the Government Claims Act or that the alleged actions and omissions of Cross-Complainant occurred outside the scope of his employment as a ma...

Granted as to compelling further response and denied as to monetary sanctions. First American is to provide further answer to Special Interrogatory No. 3 (Set One) within 10 days of the date of this order.