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2022.11.07 Motion for Judgment on the Pleadings 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.11.07
Excerpt: ... On May 25, 2022, the Court granted, in part, Defendant's motion for judgment on the pleadings. The Court granted the motion as to Plaintiff's fifth through eighth causes of action but denied the motion to the extent it was brought on statute of limitations grounds, “without prejudice.” (Order, filed 5/26/22.) On September 6, 2022, notwithstanding the fact that no amended complaint has been filed, Defendant filed this second motion for judgme...
2022.11.04 Motion to Dismiss Petition to Appoint Neutral Arbitrator 191
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.11.04
Excerpt: ...as‐Bailey (“Petitioner” or “Bailey”) on April 21, 2022. The petition sought an order to appoint a neutral arbitrator pursuant to Code Civ. Proc., §1281.6, paragraph 1, on the following grounds: 1. February 2, 2019, Petitioner sustained injuries to her neck and back when the vehicle she was driving was stuck from the driver side by a vehicle driven by Mr. Robert Puckett (“Mr. Puckett”); 2. Metlife, insurance for Mr. Puckett, tendere...
2022.10.27 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.27
Excerpt: ...o Espinosa and Celia Espinosa filed this lemon law action against Defendant American Honda Motor Co., Inc. Plaintiffs' complaint, which relates to their purchase of a new 2021 Honda Insight, includes three causes of action: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiff...
2022.10.06 Application to Advance Status Hearing and to Set Hearing Date for Verified Petition for Writ of Mandate 596
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.06
Excerpt: ...s the following analysis and ruling on the merits. As a preliminary matter, Petitioner is correct that Code of Civil Procedure section 35 may apply to this litigation. The statute provides: “Proceedings in cases involving … the certification or denial of certification of ballot measures, election contests, and actions under Section 20010 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be gi...
2022.10.03 Motion for Payment of Rent 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.03
Excerpt: ...d Sur‐Reply to Defendants' Motion to Compel Payment of Rent. The Court also received an Objections of Defendant Cynthia Inez Lopez to Galgano's Notice of Joinder and Sur‐Reply. The Court sustains Ms. Lopez' objections and declines to consider the Sur‐Reply and Joinder as being untimely. II. DISCUSSION Defendant Cynthia Ines Lopez seeks an order requiring payment of rent. Plaintiffs oppose the motion, asserting it is an attempt to seek a man...
2022.09.27 Demurrer 393
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.27
Excerpt: ...ies. This argument has no merits. To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. [Citation.] A defendant does not owe a legal duty to protect against third party conduct, unless there exists a special relationship between the defendant and the plaintiff. [Citation.] In that circumstance, “[i]n addition t...
2022.09.22 Motion for Summary Judgment 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.22
Excerpt: ...On December 11, 2020, Defendant answered. Now at issue is Defendant's motion for summary judgment (MSJ) of Plaintiff's complaint. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION A. Summary Judgment – Statement of Law Summary judgment motions enable a court to determine the opposing party's pleadings lack evidentiary support and to limit or terminate the action accordingly: “The purpose of the law of summary...
2022.09.22 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.22
Excerpt: ...ach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiffs' punitive damages claims. Plaintiffs filed an opposition to each motion. Defendant filed a reply to each opposition. II. DISCUSSION A. Demurrer 1. Statement of the Law – Demurrer A demurrer is a pleading used to test the legal ...
2022.09.20 Motion to Set Aside Dismissal 091
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.20
Excerpt: ...remise liability. Defendant AMC Cinema answered. The Complaint alleges on April 19, 2019, Gibson was a patron at the movie theater owned, leased, managed, or supervised by AMC Cinema. Around 6:20 p.m., he slipped and fell on a slippery substance near the soda machines (¶¶7, 9‐10). On July 28, 2021, the Court held a further trial setting conference. No party appeared so it set an OSC re dismissal for August 27, 2021. (Papanikolas Decl. ¶6, Ex...
2022.09.15 Motion to Compel Further Responses 093
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.15
Excerpt: ... at ¶5; Brault Decl. at ¶¶4‐5, Exhs. 2‐3.)[1] Finding the objections lacking merit, Defendant 4X McCall filed motions to compel further responses to Special Interrogatories #1‐3, 5‐16, and 18‐ 22, and RFPs #1‐34.[2] Plaintiff Scott opposes each. Defendant 4X McCall replied. Analysis The Court DENIES Defendant 4X McCall's Motions as untimely. The statutory 45‐day deadline is mandatory and jurisdictional in the sense that the court...
2022.09.15 Motion for Preliminary Injunction 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.15
Excerpt: ... quo that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust opposed. Plaintiffs Cannextract and Nguyen replied. The Court heard the preliminary injunction on September 1, 2022. It was denied but Plaintiffs were allowed to refile with corrections. On September 1, 2022, Plaintiffs Cannextract and Nguyen re‐filed an identical Preliminary Injunction Motion. Defendants T...
2022.09.14 Motion to Compel Further Responses, to Compel Compliance 492
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.14
Excerpt: ...alderon Cruz, who at the time was working for defendant Hylkema Roofing. Based on the damages sustained, Norene and her husband, Brian, commenced suit on February 10, 2021 for negligence, negligent infliction of emotional distress, and, as to Brian, loss of consortium. Now, through the pending motion, the Seeleys seek to compel further responses to requests for production of documents (RPD's) and compel the actual production of responsive documen...
2022.09.08 Motion for Summary Judgment, Adjudication 197
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.08
Excerpt: ... product liabilitymanufacturer defect, (3) product liability‐design defect, and (4) product liability‐inadequate warning. Defendant PAG answered. The Complaint alleges on April 13, 2016, Williams purchased a 2008 BMW 750L1. The Subject Vehicle was equipped with a Comfort Access and Soft Close Automatic option for the latches of its doors. This option was designed and manufactured to assist in closing the doors through sensors and an electric ...
2022.09.06 Demurrer to FAC 197
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.06
Excerpt: ...property involved, as opposed to others who may be interested or benefited by the litigation. (Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566.) Where the plaintiff's lack of standing appears on the face of the complaint it can be raised by a general demurrer for failure to state facts sufficient to constitute a cause of action. (Sacramento Cnty. Fire Prot. Dist. v. Sacramento Cnty. Assessment Appeals Bd. (1999) 75 Cal.App.4th 32...
2022.09.01 Motion for Preliminary Injunction 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.01
Excerpt: ... that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust oppose. Plaintiffs Cannextract and Nguyen reply. DISCUSSIONS Statement of the Law Code of Civil Procedure section 527, subdivision (a) allows for the issuance of preliminary injunctions at any time before judgment upon a verified complaint or upon affidavits that show satisfactorily that sufficient ground exists....
2022.09.01 Motion for Determination of Good Faith Settlement 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.01
Excerpt: ...ed for $338,553 and Optimal settled for $331,244.51 for a total of $669,797.51 from the parties which did the actual drilling. National did not recommend the Phase II studies, it was recommended by an entity named Fulcrum. As National did not perform Phase II studies, it informed Golden Bank it would find a company to perform the work. National contacted George Johnson of Athanor which accepted the work, and then subcontracted the work to Optimal...
2022.08.30 Motion to Strike or Tax Costs 696
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.30
Excerpt: ...ses. Plaintiffs Hernandez and Lopez reply. DISCUSSIONS Except as otherwise stated, a prevailing party[1] is entitled, as a matter of right, to recover costs in any action or proceeding. (Code Civ. Proc., §1032, subd. (b).) Procedurally, Rules of Court, rule 3.1700(a)(1) allows for a prevailing party to recover costs by filing and serving a memorandum of costs within 15 days after the date of service of the notice of entry of judgment. As costs a...
2022.08.30 Motion for Fees and Costs 696
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.30
Excerpt: ... operative First Amended Complaint (FAC) pled 2 causes of action: (1) negligence by Hernandez and (2) loss of consortium by Lopez. Defendants JBS and Lennar answered. Judgment in Lennar's favor was entered on May 20, 2022. That judgment is on appeal. The FAC alleged on August 20, 2018, Hernandez, an employee of R.C. Wendt Painting (“RCW”), was on the 3rd tier of a scaffolding painting trim and fascia of a home when the scaffolding became unst...
2022.08.24 Motion for Summary Judgment, Adjudication 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.24
Excerpt: ... Salvador Cortez and Esther Cortez: (1) Negligence; and, (2) Premises Liability. Plaintiff alleges that Defendants owned, maintained, controlled, possessed, repaired, inspected, operated, designed, built, managed, and cleaned certain property materials located at 221 N 3rd Avenue, Barstow, California 92311, which were involved in the incident hereinafter described. (Complaint ¶ 7.) It is further alleged that on or about March 1, 2019, at the afo...
2022.08.23 Motion to Set Aside Default, Judgment 794
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.23
Excerpt: ...nc. dba CA Construction (Plaintiff) entered into a written Home Improvement Contract with Defendant Juanita Linton, individually, and as trustee under the Juanita A Linton Trust dated October 22, 2020 (Defendants), for real property located in Rialto. (¶¶ 11‐12.) The agreed‐upon contract price was $303,052.00, which was later revised to $300,902.81, as the parties agreed to change orders. (¶¶ 12‐13, 17.) At the conclusion of the project...
2022.08.09 Motion for Writ of Possession 891
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.09
Excerpt: ...ent of its value, (4) a statement of the property's location, and (5) a statement that the property has not been taken for a tax, assessment, or fine under a statute, or seized. (Code Civ. Proc., §512.010, subd. (b)(1)‐(5).) In addition, the applicant must demonstrate the “probable validity” of the claim and post a bond. (Co‐de Civ. Proc., §§ 512.040 (b) and 515.010.) RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3 states:...
2022.08.08 Motion to Compel Completion of Deposition 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.08
Excerpt: ... to Plaintiff, he has twice attempted to depose McGinley regarding several documents that are relevant to this litigation and whether McGinley had signed them. (Ibid.) Plaintiff's counsel attests that on both occasions, the documents were hand‐delivered to McGinley's counsel's office before the depositions. (Id. at ¶¶ 4, 5.) However, Plaintiff contends that McGinley's counsel failed to share the documents with McGinley before the depositions,...
2022.08.08 Motion for Protective Order 192
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.08
Excerpt: ...Special Interrogatories (requesting, inter alia, identification of all facts, persons with knowledge, and supporting documentation for each allegation in the operative pleading); (2) Form Interrogatories; (3) 86 Requests for Production (in native format with accompanying metadata); and, (4) 5 Requests for Admission. (See Declaration of Thomas M. Fedeli (Decl. Fedeli), Exhibit 1.) On November 19, 2021, Ridderbush served the following discovery dem...
2022.08.04 Motion for Prejudgment Possession 293
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.04
Excerpt: ... the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession … [by] demonstrating that the plaintiff is entitled to take the property by eminent domain and has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article.” (Code Civ. Proc., § 1255.410, subd. (a).) More specifically, Code of Civil Procedure section 1255.010 states th...
2022.08.02 Motion for Protective Order 191
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.02
Excerpt: ..., a responding party to propounded interrogatories (form or special), and document demands may move for a protective order. (Code of Civ. Proc., §§2030.090, subd. (a), 2031.060, subd. (a)). Any motion for a protective order must be accompanied by a meet and confer declaration. (Code of Civ. Proc., §§2017.020, subd. (a), 2030.090, subd. (a), 2031.060, subd. (a)). “The court, for good cause shown, may make any order that justice requires to p...

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