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2023.08.31 Demurrer to SAC, Motion to Strike 388
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.31
Excerpt: ...e text messages intentionally misrepresenting that she was going to pay in order to delay legal proceedings. On July 18, 2023, Tam filed a demurrer to the Second Cause of Action premised upon fraud and moton to strike punitive damages. Tam has demurred to the second cause of action for intentional misrepresentation under Code of Civil Procedure section 430.10, subdivision (e), failure to state facts sufficient to constitute a cause of action and ...
2023.08.31 Demurrer 487
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.31
Excerpt: ...ity deposit. Defendants Oslenhert LLC and Ophira Sara Lenhert (collectively, "Defendants" or "Oslenhert") filed a demurrer. The defendants have both generally and specially demurred. They have generally demurrer as to all causes of achon premised, in part, upon CCP 5430.10(g), which provides that a demurrer is proper in an action founded on contract if it cannot be ascertained from the pleading whether the contract is in writing, oral, or implied...
2023.08.01 Motion to Set Aside Voluntary Dismissal 187
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.01
Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...
2023.07.31 Motion for Leave to File Complaint 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.31
Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...
2023.07.25 Motion to Compel Arbitration 090
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.25
Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...
2023.07.19 Demurrer 791
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.19
Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...
2023.07.18 Motion for Terminating Sanctions 389
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.18
Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...
2023.07.17 Demurrer 470
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.17
Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...
2023.07.11 Demurrer, Motion to Strike 449
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.11
Excerpt: ... attempts despite the existence of express and implied warranties. Honda also purportedly failed to make restitution or replace the vehicle. Finally, Honda was also purportedly aware of the defects in advance of the lease and actively concealed the information. Based on these facts, the initial complaint contained claims for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under...
2023.07.05 Motion to Compel Arbitration 382
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.05
Excerpt: ...ty; and (5) breach of warranty of fitness for a particular purpose. Defendant answered. Now at issue is Defendant's motion to compel arbitration. Statement of Law — Motion to Compel Arbitration: Code of Civil Procedure sectons 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities...
2023.06.29 Motion to Quash 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.29
Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...
2023.06.21 Demurrer, Motion to Strike Prayers for Attorney Fees 590
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.21
Excerpt: ... section 1430, subdivision (b) (survival), and (4) negligence (wrongful death). The Complaint alleges Norcal and own, control, and operate the facility at 819 Salem Dr„ Redlands (i.e., Plymouth Village). Krueger is the administrator 31). Decedent who was 79 years old was placed at Plymouth Village due to stroke symptoms, carotid artery disease, diminishing cognitive ability, and feeding tube-related needs. It is alleged that, during her stay, D...
2023.06.21 Motion for Judgment on the Pleadings 892
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.21
Excerpt: ...4, 11, and 86-87.) As a result, through their complaint the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducementconcealment. The fraud claim is based upon GM's...
2023.06.20 Motion to Quash Service of Summons and Complaint 586
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.20
Excerpt: ...ally served on January 20, 2023 at 16333 Windcrest Drive in Fontana. Rodriguez has moved to quash service of summons and complaint under Code Civ. Proc. S 418.10, subd. (a)(l), which states: A defendant, on or the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack o...
2023.06.20 Motion for Attorney Fees 627
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.20
Excerpt: ...obable cause. He was booked in jail and charged under Penal Code section 288, subdivision (a), and 287.7, subdivision (b). The arrest was initiated by Beckman and Ilagan. He was released after the District Attorney felt further investigation was needed. The charges were dismissed on February 26, 2020. It was further alleged that there was no basis for the arrest and that the investigation was biased and discriminatory ("12-15 & 18). Defendants Ci...
2023.06.14 Motion for Leave to File Complaint 507
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.14
Excerpt: ..."1 7, 9; Exhibit 1.) An express condition of the lease was that the landlord would develop the land with buildings, water and power, telephone, roads and perimeter security. (SAC '1 9.) Decedents Ronnie Roth Herndon and Ron Alan Herndon were the trustees of the Family Trust, but both died by October 2021. (SAC "1 2-3.) Plaintiff alleges Decedents held themselves out as licensed contractors (SAC 5, 8, 26), and they agreed to complete the construct...
2023.06.14 Demurrer 890
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.14
Excerpt: ...ure to prevent harassment, discrimination and retaliation. Defendants Amazon.com Services LLC, Brittanee Mondy and Thomas Carr (collectively, "Defendants") filed this demurrer challenging the first and second cause of action by asserting they do not state facts sufficient to constitute a cause of action. Demurrer--Statement ofthe Law: The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eure...
2023.06.13 Demurrer 190
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.13
Excerpt: ...2006 between Guzman, Valdez Sr., and thirdparty Salvador Garc:ia. Shortly thereafter, Valdez Jr. joined the partnership by oral or implied agreement. Guzman contributed $25,000 and it was understood that Guzman and Garcia would handle the day-to-day business, while Valdez Sr. was to handle the administrative tasks and Valdez Jr. performed managerial tasks. Even so, the business decisions were to be made by all the partners. (FAC at "1 10-12 and 3...
2023.06.09 Motion to Expunge Default, Judgment 786
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.09
Excerpt: ...le Plaintiff was in custody. On May 27, 2022, Default was entered against San Bernardino County. After Plaintiff's request for a Clerk's Judgment was refused (this was not a contract case), Plaintiff filed a default packet and appeared before Judge Foster on December 7, 2022 for a prove- up hearing. The Court then entered judgment against the County. The Specially Appearing County has brought the present Motion to Expunge [Vacate] Default and Def...
2023.06.07 Motion for Summary Judgment 789
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.07
Excerpt: ...es for summary judgment. Timely opposition has not been filed. Statement of the Law: A summary judgment moton cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 ["Aguilar"].) Only the pleadings establish the grounds for granting or denying summary judgment. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1343.) When the d...
2023.06.02 Motion to Conduct Pretrial Discovery to Determine Punitive Damages 789
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.02
Excerpt: ...of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real property owned by Plaintiff, including ccwerage for vandalism, theft and/or fire damage. (Comp. , '1 8.) On De...
2023.05.24 Motions to Quash, for Monetary Sanctions 686
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.24
Excerpt: ...ainst Defendants Brickley Construction Company, Inc., and James Lawrence Brickley (dismissed), alleging causes of action for (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime; (4) failure to pay wages due upon termination, waiting time penalty; (5) failure to issue accurate wage statements; (6) constructive discharge; and (7) unlawful/unfair business practices. Plaintiff alleges he is a former non-exempt emplo...
2023.05.24 Motion for Summary Judgment 090
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.24
Excerpt: ...s roof to fix a leak. Plaintiff sustained injuries when he fell off the roof. At issue is Defendant Patricia Perry's, individually and as Trustee of Perry Family Living Trust, motion for summary judgment, or in the alternative, summary adjudication. Defendant Perry raises the following issues: (1) the case of Privette v. Superior Court (1993) 5 Cal.4th 689, demonstrates Defendant is not liable; (2) there are not triable issue of fact that there w...
2023.05.23 Motion to Compel Further Responses 090
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.23
Excerpt: ...ly had problems with its totally integrated power module or TIPM. It is further alleged that FCA was unable to repair the vehicle within a reasonable number of attempts and failed to replace the vehicle or provide restitution. The complaint further indicates FCA was aware of the defects in advance and concealed relevant facts. Finally, the repairs were also negligently performed by defendant West Covina Chrysler Dodge Jeep Ram (WC). Overall, the ...
2023.05.22 Motion for Attorney Fees 088
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.22
Excerpt: ...amount of $75,853.16, with fees to be decided by motion. (Kirnos Decl., 921; Exh. D.) On March 30, 2023, Plaintiffs filed this motion for attorney fees ($100,680.00); a 0.5 multiplier ($50,340.00); and costs ($46,046.13)—a total request of $197,066.13. Evidentiary Objections: Defendant objects to portions of the declaration of Plaintiff's attorney Roger Kirnos as lacking personal knowledge and foundation, hearsay, and relevance. • Objections ...

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