DEMURRER ON COMPLAINT; MOTION TO STRIKE COMPLAINT
Here, this appears to be scheduling issues between the parties, particularly with both parties not responding to each other’s inquiries. This appears to be moot because at the last IDC, the court directed witnesses to be produced by September 30, 2026. Even so, a formal order granting the motion does not preclude the parties from ensuring compliance, rather it requires compliance and formalizes the September 30, 2026 deadline to which the parties agreed at the July 17, 2026 informal discovery conference. The motion is granted and Defendants shall produce the witnesses for deposition no later than September 30, 2026. As for sanctions, because these deposition issues were resolved at the IDC, sanctions are inappropriate at this time.
2. CASE # CASE NAME HEARING NAME LUA vs PLATINUM SALES CVRI2601725 DEMURRER ON COMPLAINT AND SERVICES, INC. Tentative Ruling:
The hearing on the demurrer and motion to strike is continued to a date agreed upon by the Court and parties.
Defendant is ordered to meet and confer in person, or via phone or videoconference with Plaintiff for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrers. As part of the meet and confer process, Defendant shall identify the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for their position that the pleading is legally sufficient or, in the alternative, how the complaint may be amended to cure any legal insufficiency.
After meeting and conferring, Defendant shall 15 days before the continued hearing date set above do one of the following:
(1) vacate the hearing on the demurrer and motion to strike, and file an Answer; (2) file with the court a declaration stating the parties have agreed that Plaintiff will file a stipulation and amended complaint before the date set forth above; or (3) file with the court a declaration stating the means by which the parties met and conferred and identifying the specific objections in the demurrer and motion to strike and supporting memorandum of points and authorities that the parties were unable to resolve.
(C.C.P., §§ 430.41(a)(3), 435.5(a)(3).)
No further briefing will be allowed.
3. CASE # CASE NAME HEARING NAME LUA vs PLATINUM SALES CVRI2601725 MOTION TO STRIKE COMPLAINT AND SERVICES, INC. Tentative Ruling:
The hearing on the demurrer and motion to strike is continued to a date agreed upon by the Court and parties.
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No opposition filed. Motion granted. Prevailing party to prepare order.
5. CASE # CASE NAME HEARING NAME HARB VS COUNTY OF MOTION FOR SUMMARY CVRI2203266 RIVERSIDE JUDGMENT Tentative Ruling:
Summary of Ruling: The Court denies the motion. The Court grants the request for judicial notice. The Court overrules the evidentiary objections.
Factual / Procedural Context
This is a wrongful death case. On August 4, 2024, Plaintiffs Ali Harb, Ibrahim Harb and Lama Harb, individually and as the successors-in-interest of Decedent Ferial Harb (“Plaintiffs”) filed a Complaint against Defendants City of Riverside (the “City”), County of Riverside (the “County”), State of California, Brian Gene Bozarth, III (“Brian”), and Melissa Bozarth (“Melissa”) (together “Defendants”) asserting causes of action for: (1) Dangerous Condition of Public Property; (2) Negligence; (3) Wrongful Death; and (4) Recovery under C.C.P. § 377.34.1 In the Complaint, Plaintiffs allege that on January 19, 2022, Decedent was walking near the intersection of Lincoln Avenue and Victoria Avenue in the Riverside (the “Intersection”) when she was struck by a vehicle driven by Brian, who owned the vehicle with Melissa. (Complaint at ¶ 12.)
Decedent sustained fatal injuries as a result of the collision. (Ibid.) Brian was inattentive to his driving,
1 The State of California was dismissed on September 14, 2022 and the County of Riverside was
dismissed on April 11, 2023.