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2023.09.01 Motion for Summary Judgment, Adjudication 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.01
Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...
2023.08.31 Demurrer 299
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.31
Excerpt: ...IONS Timeliness Although Defendant's Demurrer is untimely, the Court has discretion to hear it. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Also, Plaintiff does not raise this concern in her Opposition. Therefore, the Court will address the merits of the Demurrer. Analysis Uncertainty Defendant argues that the entre Complaint is ambiguous and unintelligible; therefore, uncertain. In support of this, he cites the evidence code to challen...
2023.08.30 Motion to Compel Further Responses, Deposition of PMK 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...d May 1, 2023. Defendant's opposition was due by August 17, 2023 or even August 16, 2023, since the hearing was originally set for August 29, 2023. (Code Civ. Proc., 51005, subd. (b).) At approximately 3:53 p.m., the Court's staff received Defendant's opposition from a court runner. The Court further notes the filing and service date of the opposition is August 28, 2023! This not only puts the burden on the Court to review a late-filed brief, but...
2023.08.30 Motion for Protective Order 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...2) Plaintiffs' motion for discovery sanctions. Timely oppositions were filed to each motion. Timely replies were filed to each opposition. l. DISCUSSION A. Plaintiffs' Motion for Protectve Order 1. Defendants' Evidentiary Objections In support of their motion, Plaintiffs filed the declaration of Plaintiffs' counsel, Mr. Cohen, along with a letter from the deponent's doctor (as Ex. 1) and a declaration of the deponent's sister (as Ex. 2). In oppos...
2023.08.29 Demurrer, Motion to Strike 493
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.29
Excerpt: ... reached on the objections to the pleading. (Code Civ. Proc., 55430.41, subd. (a), 435.5, subd. (a)(1)-(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., "430.41, subd. (a)(3), 435....
2023.08.25 Motion to Strike 943
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.25
Excerpt: ...Amended Complaint alleging two causes of action for Negligence—one against County, and the other against Dæ Defendants 2 through 25. Following a successful demurrer, Plaintiff filed the operative Second Amended Complaint ("SAC"). The SAC alleges two causes of action for Negligence, one against the County, and one against Doe Defendants. At issue today is the County's Motion to Strike Portions of Plaintiff's SAC. An Opposition and Reply have be...
2023.08.24 Motion for Summary Judgment, Adjudication 095
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.24
Excerpt: ...t Amended Complaint (FAC), filed March 7, 2022, Plaintiff alleges the following: On December 16, 2020 at 10:42 p.m„ Plaintiff was serious injured in a head-on collision caused by the other driver, Christa Gadsby. Gadsby, who was negligently driving under the influence of alcohol at the time of the collision, was killed in the accident, as were others, including Gadsby's daughter and the driver of the vehicle in which Plaintiff was passenger. Pl...
2023.08.24 Motion for Leave to Amend 396
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.24
Excerpt: ...s on October 2, 2020, on or near 1635 W. Lugonia Ave., Redlands, Isaac slipped and fell on a substance on a slippery floor. Defendants own, control, or maintain the premises. Defendant Marshalls filed a Cross-complaint against Cross-Defendant Hyrosen and a later dismissed party. Against Hyrosen, the Cross-complaint pled claims for indemnity, declaratory relief, apportionment, and contribution. Cross- Defendant Hyrosen answered. Cross-complainant ...
2023.08.22 Motion to Seal 378
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.22
Excerpt: ...) the exact percentage of premium that form the basis of Bamboo's compensation, (c) the amount of limits of liability of insurance policies and fidelity bonds, (d) the amount of settlement and reserve authority Bamboo has in its management role, and (e) a description of commission and profit commission that forms part of Bamboo's compensation. Plaintiffs Franco and Lopez oppose. Defendant Bamboo replies. DISCUSSION Statement of the Law To seal a ...
2023.08.22 Motion to Quash Service of Summons 797
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.22
Excerpt: ...y 23, 2023, the court heard the instant motion to quash service of summons by specially appearing Defendant Nemrop Chavez Luna. The parties agreed to continue the hearing pending the filing of a fully executed Article 6 Certificate. Plaintiff opposed the motion and Defendant replied. On April 24, 2023, Plaintiff filed an addendum to his opposition. II. DISCUSSION a. Analysis Specially appearing Defendant Nemrop Chavez Luna seeks to quash defectiv...
2023.08.22 Motion to Compel Arbitration and Stay Action 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.22
Excerpt: ...t — breach of implied warranty. Before the Court is BMW's motion to compel arbitration under the Lease Contract Plaintiff entered into with BMW of Ontario. Plaintiff opposes. BMW replies. BMW acknowledges it is nota signatory to the Lease. It asserts two arguments as reason to compel arbitration: (1) it is a third party beneficiary entitled to enforce the arbitration provision in the Lease because the Lease was assigned to its affiliate; and (2...
2023.08.21 Demurrer, Motion to Consolidate 799
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.21
Excerpt: ...t lists attachments, but they do not show on Odyssey: EXHIBIT A — WARRANTY DEED EXHIBIT 8 — GRANT DEED EXHIBIT C — QUITCLAIM DEED and EXHIBIT D — WILL The Complaint concerns real property which Plaintiff, decedent Gloria Guerrero's son, quitclaimed to his mother on August 13, 2015, allegedly for no consideration. Plaintiff claims there were oral agreements that the property would still be his, despite his mother moving onto the property i...
2023.08.21 Motion to Stay Civil Action, Permit Early Financial Discovery 496
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.21
Excerpt: ...23 by Plaintiffs M.J.B.B. and M.D.B.M„ minors through their guardian ad litem W.B. (collectively, "Plaintiffs") asserting causes of action for: (1) sexual battery in violation of California Civ. Code, 51708.5; (2) gender violence in violation of California Civ. Code, 552.4; (3) battery; (4) assault; (5) false imprisonment; (6) interference with exercise of civil rights (Civ. Cade, 552.1); (7) intentional infliction of emotional distress; (8) ne...
2023.08.17 Demurrer to FAC 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.17
Excerpt: ...onsible, namely, defendants Trien Dang, M.D.; Chino Medical Group, Inc., dba My Family Medical Group (CMG); Miguel Cervantes-Lopez, M.D.; Casa Colina Hospital (Casa); and Centers for Healthcare. The operative first amended complaint (FAC) contains one claim for medical malpractice. The FAC indicates that on or about July 1, 2020, Gomez obtained medical treatment from CMG related to a sore throat and a "swollen bump on [his] neck." (FAC at 15.) Th...
2023.08.16 Motion for Attorney Fees 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.16
Excerpt: ...rs, LLC (GM), was purportedly given a reasonable opportunity to do so, the vehicle was not repaired. GM also failed to replace the vehicle or make restitution. Based on these allegations, Plaintiff commenced the underlying action on June 28, 2021, against GM for (1) breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act. Plainti...
2023.08.15 Demurrer 994
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.15
Excerpt: ...r implied by conduct. (Code Civ. Proc. S 430.10, subd. (g).) . In this instance, Defendant Qi argues that Plaintiff fails to adequately plead a breach of contract claim because "the written agreement that is attached to the Complaint does not require [defendant] to cause the transfer to be reflected on the books and records of the Corporation as agreed" or for Defendant Qi "to make an amendment with the California Secretary of State to change the...
2023.08.14 Demurrer, Motion to Strike 897
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.14
Excerpt: ...CC now demurs to each of the causes of acton on the grounds that they fail to state sufficient facts. In particular, CCC argues state agencies are not "persons" for purposes of 42 U.S.C. section 1983; Education Code section 200 is a policy statement and not a private right of action statute; public schools are not "business establishments" for purposes of the Unruh Act and no animus is alleged; and the declaratory relief claim fails since the vac...
2023.08.09 Motion to Strike Answer 795
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.09
Excerpt: ...urt rule or order of court." (Code Civ. Proc., S 436.) Plaintiffs move to strike Defendants' answer on the ground it was not timely filed. Plaintiffs are correct that Pyciak failed to timely file an answer. That cannot necessarily be said for the other defendants because it is unclear when, or if, they were ever served with the summons and complaint. Regardless, as Defendants correctly argue, the filing of an answer prevents entry of default. (Se...
2023.08.09 Motion to Set Aside Default, Judgment 697
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.09
Excerpt: ...nally served Plaintiff with the summons and complaint. (See Proof of Service, filed 7/10/23.) On August 19, 2019, the Court Clerk entered default and default judgment against Defendant, and in favor of Plaintiff, in the amount of $2,870.96 (inclusive of $312 in costs). On June 23, 2023, Defendant filed this motion to set aside default and default judgment. Plaintiff filed a timely opposition. Defendant did not file a reply. II. DISCUSSION Defenda...
2023.08.09 Motion to Set Aside and Vacate Judgment and Replace with Default Judgment 252
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.09
Excerpt: ... on August 23, 2021, under case no. CIVSB212455, against Specialized Loan Servicing, LLC (Specialized), The Mortgage Law Firm (TMLF), Greenpoint Mortgage Funding, Inc. (Greenpoint), Wells Fargo Bank, National Association (Wells Fargo), and later dismissed parties. On December 15, 2021, Whisler also commenced case no. CIVS82132900 against more than 20 defendants. The two cases are currently active and have since been consolidated. The two consolid...
2023.08.08 Motion Contesting Application for Determination of Good Faith Settlement 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.08
Excerpt: ...itez, Jr. (Benitez) and owned by defendant Fresenius Medical Care Holdings, Inc. (Fresenius). In his complaint filed on October 2, 2020, Trujillo alleges he was driving on 1-15 in Ontario when Benitez failed to travel in an appropriately designated traffc lane and failed to maintain a proper lookout and distance between vehicles, causing a forceful impact with Trujillo's vehicle. The complaint alleges four (4) causes of action: (1) negligence; (2...
2023.07.20 Motion to Quash Deposition Subpoenas 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.20
Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...
2023.07.19 Motion to Enforce Deposition Subpoena, for Sanctions 793
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.19
Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...
2023.07.18 Demurrer 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.18
Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...
2023.07.17 Demurrer 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.17
Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...

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