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2023.03.02 Demurrer 376
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.02
Excerpt: ... relief; (3) partition; and (4) constructive trust. The underlying allegations are that Plaintiff and Defendant orally agreed that each would share a one-half interest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant...
2023.02.23 Motion to Consolidate Cases 160
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ...ums, (3) unpaid rest period premiums, (4) minimum wages, (5) untimely final wages, (6) untimely wages, (7) wage statements violations, (8) payroll records violations, (9) reimbursements, and (10) violations of the unfair competition law. Plaintiff seeks to represent Defendant's California hourly and non-exempt employees who worked during the statutory period. On September 14, 2021, Plaintiff separately filed a single cause of action Private Attor...
2023.02.23 Motion for Final Approval of Class Action Settlement 791
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ...rest break violations; (5) reimbursement violations; (6) final pay violations; (7) wage statement violations; (8) unfair competition law violations; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). The LWDA was given notice of Plaintiff's claims as of September 11, 2022. Plaintiff sought to represent all of the hourly, non-exempt current and former California who worked at Defendant's lumber and building supplies busi...
2023.02.23 Motion for Final Approval of Class Action Settlement 591
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ... settle. As such they have argued, in the alternative to denying the motion, the Court may continue the matter past the pending mediation and motion to stay. Page 4 Defendant roofing company's overspray blew silicone adhesive on to nearby properties and various nearby tractors, trucks, and automobiles. The proposed class are “all persons whose vehicles were damaged by silicone overspray on October 18, 2018, at 1901 Raymer Ave., Fullerton, CA 92...
2023.02.22 Motion to Compel Further Responses 173
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.22
Excerpt: ... and implied warranty under the Song-Beverly Act. In essence, Plaintiffs allege they purchased the 2020-year subject vehicle from Defendant, that express and implied warranties existed, and that there were various defects and non-conformities that arose during the warranty period. Plaintiffs sent the vehicle in for repairs but Defendant was unable to successfully repair it after a reasonable number of attempts. Plaintiffs also alleges that, after...
2023.02.17 Motion for Summary Judgment 887
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.17
Excerpt: ...ntenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264, disapproved on other grounds in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 939, FN.13.) As to the Motion for Summary Judgment: The Court would DENY the motion. Case Summary This matter is an Unlawful Detainer. The Complaint alleges that Plaintiff purchased the real property that was previously owned by Defendants. Defendants failed to vacate the property after the s...
2023.02.16 Motion for Approval of PAGA Representative Action 380
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.16
Excerpt: ...ished in the Senate Daily Journal, dated July 29, 2004. These Requests are unopposed, and the Court GRANTS them. As to the Motion for Approval: The Court's tentative is to GRANT. Standards Settlements under PAGA at Labor Code sections 2698, et seq., do not require preliminary approval. The court must find, however, that the PAGA settlement is “fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, d...
2023.02.16 Motion for Approval of PAGA Representative Action 024
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.16
Excerpt: ... law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff 5 “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine what is ...
2023.02.15 Motion to Deem RFAs Admitted 375
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.15
Excerpt: ...endant Flowers, who made an abrupt and unsafe left turn, causing a crash that injured Plaintiff. Plaintiff further alleges that Defendant Flowers was operating his shuttle during the course and scope of his employment and that the shuttle was leased, entrusted or owned by the various other Defendants (collectively, Defendants). Plaintiff filed suit on December 3, 2021, alleging (1) motor vehicle negligence; (2) common carrier negligence; and (3) ...
2023.02.15 Motion for Preliminary Approval of Class Action Settlement 148
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.15
Excerpt: ...l.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amo...
2023.02.14 Motion to Stay 772
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.14
Excerpt: ...-hour class action asserted by a mechanic against his former employer. On March 3, 2022, Plaintiff filed this matter seeking to represent all of Defendant's current and former hourly, non-exempt California employees during the statutory period. His suit alleges (1) wage violations; (2) wage statement violations; (3) waiting time penalties; and (4) violation of the unfair competition law. Relevantly, Olid v. Westrux International, Inc., et al, Cas...
2023.02.14 Motion for Preliminary Approval of Class Action Settlement 592
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.14
Excerpt: ... Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the ...
2023.02.09 Motion to Deem RFAs Admitted, to Compel Responses, for Sanctions
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.09
Excerpt: ...ctions 2 6. Motion to Compel Resp. to Special Interrogatories, Set Two & for Sanctions 2/9/23, 8:30 a.m., Dept. S17 Preliminary: The underlying discovery was all served via email, but the submitted declarations do not indicate why such service is appropriate. (See Rules of Court, rule 2.251(b).) However, the Court notes the parties prior filings have utilized also uniformly used email service, and thus the Court will inquire regarding the appropr...
2023.02.08 Demurrer, Motion to Strike 182
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.08
Excerpt: ...the Mansukhani Action. The Court would GRANT and take judicial notice of the existence of the referenced court documents. Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts, it may not take judicial notice of the truth of the hearsay statements within or of the factual findings made in those other actions. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768.) As to Cross...
2023.02.01 Motion to Compel Arbitration and Dismiss Claim 290
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.01
Excerpt: ...eme Court's holdings in Adolph v. Uber Technologies. Case Summary On January 18, 2022, Plaintiff Donna Thomas filed this putative wage‐and‐hour class action against Defendant Ocelot Engineering, Inc. The operative First Amended Complaint (FAC) added a cause of action for civil penalties under the PAGA. The FAC alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay overtime compensation; (3) failure to provide meal p...
2023.02.01 Motion for Preliminary Approval of Class Action Settlements 670
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.01
Excerpt: ...; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in s...
2023.02.01 Motion for Prejudgment Possession 000
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.01
Excerpt: ...enticated with no indication of author, custodian, date, purpose, reliability or veracity].) As to Plaintiff's Motion for Prejudgment Possession The Court would GRANT SBCTA's Motion for Prejudgment Possession. Case Summary This is an eminent domain action for the acquisition of a permanent street easement and temporary construction easement over a portion of 931 W. Holt Boulevard in Ontario, California. On March 29, 2022 SBCTA filed its suit agai...
2023.01.31 Motion to Substitute New Plaintiff 233
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...en (Riden), who was a locker room attendant and assistant coach, placed at least one hidden camera in the girls' bathroom. Plaintiff brought her action originally on December 14, 2021, hoping to represent herself and other female students who attended the subject school any time between January 1, 2015 and 7 August 24, 2021. The Court sustained the District's demurrer with leave to amend on November 21, 2022, and Plaintiff her First Amended Compl...
2023.01.31 Motion to Compel Arbitration 721
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...ital Med. Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [trial court rulings have no precedential value].) On the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non‐PAGA claims is GRANTED. 2. The Court would DELEGATE the decision whether arbitration may proceed on a class basis to the arbitrator. 3. Plaintiff's PAGA claim is STAYED pending completion of arbitration 3 Case Summary Plaintiff filed this ...
2023.01.31 Demurrer 571
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...3) breach of loyalty; (4) intentional interference with prospective economic advantage; (5) unfair competition; and (6) unjust enrichment. Plaintiff essentially alleges that, unbeknownst to it, Defendant Urbina incorporated JNS Supplies, Inc. (Defendant JNS) and forwarded information and trade secrets to it in order to steal Plaintiff's business. On March 24, 2021, Defendant Urbina cross‐complained against Plaintiff and others alleging (1) fail...
2023.01.26 Motion to Stay Trial 030
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.26
Excerpt: ..., Rule 3.1113(l).) The Court further finds them irrelevant and unnecessary. As to the Motion to Stay: DENY. No authority is provided for a unilateral stay of the case pending compliance with Discovery Orders. As to the Motion to Compel & Sanctions: The Court GRANTS 2 the motion to compel supplemental responses as follows: 2 The parties may hire a discovery referee if discovery is to remain contentious. To the extent that is cost prohibitive, the ...
2023.01.26 Demurrers to FAC 400
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.26
Excerpt: ...s case, the Plaintiffs are Adam Ali (an infant at the time of alleged facts), Yadira Trujilla (mother, for herself and as guardian), and Mohammad Ali (father). In essence, the Plaintiffs allege that on March 31, 2022, the parents entered a childcare agreement with Defendant KA of Rancho Cucamonga (sued as “Kiddie Academy”) to care for their infant and his sister. Defendants Moore were agents of Kiddie, and Defendant Ferra was the director and...
2023.01.20 Motion for Approval of PAGA Settlement 640
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.20
Excerpt: ...w violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p.89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine what is “fai...
2023.01.19 Motion for Preliminary Approval of Class Action Settlements 581
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.19
Excerpt: ... v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles 1 The unilateral insertion of new class representatives into the pleading caption sheet is improper without some sort of amendment. (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s...
2023.01.19 Motion for Preliminary Approval of Class Action Settlement 359
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.19
Excerpt: ...nd reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigatio...

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