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2024.06.12 Demurrer 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.12
Excerpt: ...recorded, and Estrada continues to hold an undivided ½ interest. Two deeds of trust were recorded against the property the same day with an approximate balance of $320,000. The value of the property is est imated at $618,200. (FAC, ¶¶9-15.) Torres subsequently cross -complained against Estrada. The operative first amended crosscomplaint (FACC) alleges causes of action for (1) quiet title; (2) breach of contract; (3) declaratory relief; (4) fr...
2024.06.11 Motion to Compel Further Responses 883
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.11
Excerpt: ...agoneer on Decem ber 22, 2021. It was covered by a written warranty. However, the Subject Vehicle had defects in its engine, HVAC, and electrical that FCA's authorized repair facilities were unable to repair (¶¶13 -14 & 16- 17). The plaintiffs filed discovery motions in th e form of: Motion to Compel Further Responses to Special Interrogatories; Motion to Compel Further Responses to RFPs ; and Motion to Compel Compliance. After several meet -a...
2024.06.07 Demurrer 788
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.07
Excerpt: ...legs in the stirrups and Iromloo conducted a vaginal examination with a speculum . (¶¶ 15 -16.) After the vaginal examination was completed, Iromloo did not tell Plaintiff to remove her legs from the stirrups. Instead, he stated Plaintiff could use a lubricant to assist with vaginal dryness and without explanation or consent, Iromloo applied medical lubricant to two of his fingers and began “showing” Plaintiff where to put the lubricant. I...
2024.06.06 Motions in Limine 092
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.06
Excerpt: ...the California Supreme Court in the Berroteran case, the court sets forth below a written decision of its reasoning and determination of said motions. This lawsuit involves allegations of exposure to benzene and other toxic solvents. According to the complaint, from 1993 to 2018, Plaintiff Christopher Torres (Christopher) worked for various branches of the federal government, where he was exposed to solvents and other chemical products (Complaint...
2024.06.05 Motion to Compel Binding Arbitration 591
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.05
Excerpt: ...a filed this present motion seeking to compel binding arbitration together with the declarations of Raymond Kim, Staff Business Resolution Partner at Tesla, Inc., and Ali Ameripour, Esq.; as well as a request for judic ial notice. The Federal Arbitration Act (“FAA”) [9 U.S.C. §1, et. seq.] authorizes enforcement of arbitration clauses unless grounds exist in law or equity for the revocation of any contract. (9 U.S.C. §2.) In situations gov...
2024.05.22 Demurrer, Motion to Strike 894
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.22
Excerpt: ...ts LLC (“Legend”), and Trisha Scott. Following a sustained demurrer, Plaintiff filed the operative First Amended Complain t (FAC). The FAC alleges four causes of action: (1) strict liability against Trisha Scott; (2) premises liability against RTHA, DFT, Legend, and Scott; (3) negligence against RTHA, DFT, Legend, and Scott; and (4) breach of contract – third party beneficiar y against RTHA, DFT, and Legend. The FAC alleges that on or abo...
2024.05.22 Demurrer 525
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.22
Excerpt: ...inst Defendants. Through her FAC, Plaintiff alleges that she is a lawful tenant of real property located at 20920 Little Beaver Road in the City of Apple Valley, California. (FAC ¶ 1.) On or about September 21, 2022, Plaintiff and her partner were doing yard work on said property. (FAC ¶ 2.) As Plaintiff's partner worked on said property, a sink hole opened in the ground thereby causing Plaintiff's partner to fall in. (FAC ¶ 3.) Plaintiff ran ...
2024.05.21 Motion to Stay Action 323
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.21
Excerpt: ...rits reconsideration due to a change in the law, i.e. “there has been a recent change in case law that has changed the landscape of PAGA litigation”. There is otherwise no contention that there has been a change in the facts or new facts underpinning the plaintiff's claims in the action that would require reinterpretation of the Arbitration Agreement. The defendant relies on the interpretation of several provisions of the Arbitration Agreemen...
2024.05.21 Demurrer 116
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.21
Excerpt: ...stress and p unitive damages. Plaintiff alleges that on March 4, 2023, Defendant San Bernardino County dispatched a loader to clear snow from his street in Lake Arrowhead, CA, and during the process, the County plow driver entered his property without permission and drove onto his pedestrian bridge to dump 13 loads of snow directly on it. As a result, it cause the bridge to collapse. Plaintiff alleges the handling of the snow removal was negligen...
2024.05.15 Motion for Summary Judgment 991
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.15
Excerpt: ...al properties. CHEI was engaged with a third party to perform subcontractor services but was never paid for the work performed. CHEI subsequently engaged the services of TAA to collect on the debt. TAA indicated to CHEI that it would be able to obtain the monies owed by performing many tasks, including filing a mechanic's lien and seeking enforcement of the lien. The Complaint alleges that the lien was filed on December 1, 2021, but was never e...
2024.05.14 Motion for Summary Judgment 188
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.14
Excerpt: ...severe allerg y to cucumbers that Defendant knew about. Plaintiff unknowingly consumed the meal and suffered an anaphylactic reaction. Defendant has filed the instant Motion for Summary Judgment (Motion), along with a declaration from Marc J. Meth, M.D. (Dr. Meth) and Defendant's counsel, Michael D. Reid. The Motion is further supported by a Separate Statement of Undisputed Material Facts and Defendant's Separately Bound Document Evidence with E...
2024.05.03 Demurrer 427
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.03
Excerpt: .... Plaintiff asked the Defendants, his sister and her husband, to be on the title to the property. However, Plaintiff paid the down payment and all carrying costs such as the mortgage payments, insurance, prop erty taxes, utilities, home improvements and maintenance. Plaintiff rented the property to various tenants and alleges that Defendants never lived on the property or otherwise contributed to the property – other than being on title. On Jan...
2024.05.01 Motion to Compel Arbitration and Stay Action 488
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.01
Excerpt: ...to engage in the interactive process, (4) retaliation under FEHA, (5) retaliation under the Labor Code, and (6) wrongful termination in violation of public policy. The complaint indicates Reyes was jointly employed by Defendants from October 6, 2020 to November 25, 2020. Only 11 days after her employment began, Reyes was injured at work when she fell while cleaning a floor. Reyes returned to work, but had future therapy appointments scheduled in...
2024.04.29 Motion for Summary Judgment, Adjudication 188
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.29
Excerpt: ...was defaulted. The Complaint alleges on February 4, 2005, Escareno executed a Note taking a loan from New Century. The Note was secured by a Trust Deed recorded against Escareno's property at 344 Baker Privad o, Ontario on February 16, 2005. Thereafter, New Century transferred the Note and Trust Deed to RRA Trust. However, it failed to record an Assignment of the Trust Deed (¶¶5 -8, Exhs. 1 -2). Plaintiff RRA Trust moves for summary judgment/ad...
2024.04.25 Demurrer to SAC 847
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.25
Excerpt: ...of the California Code of Civil Procedure. A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. ( Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibi...
2024.04.11 Motion for Summary Adjudication 587
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.11
Excerpt: ..., 2021, Plaintiff checked himself in to Defendant's facility located at 239 West 9th Street, Upland California 91786 (the Facility). At the time he checked in, Plaintiff had an undiagnosed perforated ulcer, which rapidly became worse during his residency at the Facility. Plaintiff's condition became so painful and incapacitating that he was unable to provide for his own basic needs, including seeking medical care. Despite numerous pleas for help ...
2024.04.09 Demurrers 192
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.09
Excerpt: ...0 days leave to amend. Alami then filed the operative first amended complaint (“FAC”) consisting of a form complaint with attachments on October 3, 2023 alleging the same causes of action. Plaintiff alleges that on or about July 14, 2022, an oral contract with “subsequent written confirmation and/or text message agreement” was made between defendants Adebola, Toyin, and Prado. (FAC. p. 3, ¶ PC -1; Attachment BC -1, ¶ 1.) Plaintiff al...
2024.04.05 Motion to Compel Arbitration 189
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.05
Excerpt: ...nor, Ltd dba Braswells Yucaipa Leisure Manor (esa Braswell Leisure Manor) [“Braswell”]. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. Defendant Braswell moves to compel arbitration and stay the action under the...
2024.04.05 Demurrer 487
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.05
Excerpt: ...) (operative pleading) against the County and Anderson (“Defendants”). Plaintiffs allege the following: Brad Wicks is the sole owner of Wicks Brewing. (FAC ¶8.) On March 31, 2022, Ryan Wicks, who is Brad Wicks' son and an employee of Wicks Brewing, was involved in a collision. As the result of the collision, Ryan was arrested and charged with an alcohol -related homicide. The District Attorney issued a press release incorrectly identifying R...
2024.04.04 Motion to Strike or Tax Costs 285
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.04
Excerpt: ...nd awarded attorney's fees in the amount of $139,566.90. A Notice of Entry of Judgment was filed on July 5, 2022. On January 2, 2024, the judgment for Defendant Lennar Communities was reversed/ remitted. On remand, among other things, the trial court was to decide the computation of damages anew and Casa Verde was entitled to recover its appeal costs pursuant to California Rules of Court, rule 8.278, subdivision (a)(1). On January 9, 2024, Casa ...
2024.04.04 Demurrer, Motion to Strike 391
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.04
Excerpt: ...z), Lorena Arias -Aguilar (Aries -Aguilar, esa Lorena Aguilar), and Tracy Miller (Miller). The operative first amended complaint (FAC) alleges causes of action for (1) negligence against all; (2) negligent hiring, supervision, and retention against Cucamonga District, Superintendent, and Central District (collectively, District Defendants); (3) assault by Minor against Hernandez; (4) battery by Minor against Hernandez; (5) violation of Civil Cod...
2024.03.25 Motion for Leave to Amend Complaint 188
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.25
Excerpt: ...) violation o f section 226(A) of the Labor Code; and (5) violation of sections 200 -204 of the Labor Code. Plaintiff alleges on September 21, 2021, Airport Mobil hired him as a tow truck driver. As part of the hiring process, Plaintiff submitted to a criminal backgrou nd check. Plaintiff alleges during his employment, he would repeatedly miss or have to take his lunch past the sixth hour. Further, when he tested positive for COVID -19 on Februar...
2024.03.19 Demurrer 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.19
Excerpt: ...'s original complaint included three causes of action: (1) negligence/vicarious liability; (2) premises liability; and (3) public nuisance. On November 13, 2023, the Court sustained a demurrer filed by the City to P laintiff's first and third causes of action, with leave to amend; the Court overruled the demurrer as to Plaintiff's second cause of action. On December 4, 2023, Plaintiff filed her operative First Amended Complaint (FAC), which in...
2024.03.12 Demurrer 692
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.12
Excerpt: ...ra Inc. filed a Cross- Complaint against Cross -Defendant Cavaniola. The Cross- Complaint pleads 4 cross- claims: (1) breach of contract, (2) open book acc ount, (3) account stated, and (4) reasonable value. Cross -Defendant Cavaniola answered. The pleadings allege that Cavaniola owns the property at 74221 Rocky Rd., City of 29 Palms. Cavaniola entered into a contract with Ficara Inc. to complete excavatin g, grading, and hauling on the property...
2024.03.11 Motion to Compel Arbitration and Stay Action 888
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.11
Excerpt: ...ilure to Pay Compensation Due Upon Termination/Waiting Time Penalties; 6) Discrimination Based Upon Disability in Violation of the FEHA; 7) Failure to Accommodate Disability; 8) Retaliation in Violation o f FEHA; 9) Failure to Take All Reasonable Steps Necessary to Prevent Discrimination, Retaliation, and Hostile Work Environment in Violation of FEHA; 10) Aiding and Abetting in Violation of FEHA; 11) Failure to Prevent Unlawful Discrimination in ...

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