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2024.05.16 Motion for Preliminary Injunction 811
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.16
Excerpt: ...ansferring funds from any bank account used in connection with the dispensary, other than for goods and services from existing vendors. Defendant will provide monthly account statements to verify compliance. Case Summary This is a business dispute and breach of contract c ase. The parties are, in essence, partners in a cannabis dispensary business. The individual Defendant Mierau formed and is the principle for Defendant SB Pharma, which owns the...
2024.05.16 Motion for Final Approval of Class Action Settlement 190
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.16
Excerpt: ...VSB2219102). Now, in anticipation of settlement and pursuant to stipulation, Plaintiff files a First Amended Complaint (FAC) on Case No. CIVSB2214190, and now asserts (1) wage statement violations and (2) civil penalties pursuant to PAGA. In anticipation of mediation, the parties engaged in the exchange of data and documents sufficient to value the case. Plaintiff received a significant documents and data relating to a 4 significant portion of...
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...
2024.05.15 Demurrer, Motion to Strike 994
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.15
Excerpt: ...0.41, 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 Page | 1 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), 435.5, subd. (a)(3).) Alexandria O. Pappas submitted a d...
2024.05.14 Motion to Compel Compliance for Production of Docs 647
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14
Excerpt: ...y at 6.) Pag e | 1 Under Code of Civil Procedure section 1005, subdivision (b), all papers opposing a motion shall be filed with the Court and a copy served on each party at least nine court days before the hearing on the motion. Given that the hearing on this motion is scheduled for May 14, Defendant was required to file and serve its opposition by May, but Defendant did not serve its opposition until May 3 and did not file its opposition unt...
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...
2024.05.14 Motion for Stay 499
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14
Excerpt: ...hicle Code § 23153(A) -F – DUI Alcohol/Drugs Causing Bodily Injury; (2) Penal Code §12022.7(B)- E – Great Bodily Injury – Brain Damage or Paralysis; (3) Vehicle Code §23153(B) -F – DUI Page | 14 Alcohol/0.08 Percent or More Causing Bodily Injury; and (4) Penal Code §12022 .7(B)-E – Great Bodily Injury – Brain Damage or Paralysis. Mr. Little has also attached copies of written discovery served upon Smith. For every response, Mr. Li...
2024.05.14 Demurrer to FAC, Motion to Strike Punitive Damages 600
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.14
Excerpt: ...ranties, the manufacturer, General Motors LLC (hereinafter “GM”), was unable to make repairs within a reasonable number of attempts. GM also allegedly failed to make restitution or provide a replacement and had purportedly concealed the defects from Munoz. As a result, Munoz commenced suit against GM on November 2, 2022, for various violations of the Song -Beverly Consumer Warranty Act (the “Act”) and for fraudulent concealment. In respon...
2024.05.13 Motion to Compel Responses 075
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.13
Excerpt: ...s the vehi cle developed defects. Although it was taken for repairs, it was not repaired in a reasonable or conformed to its warranty. It alleges Defendant failed to provide a replacement or restitution. Plaintiff, therefore, filed suit on February 14, 2023, alleging breach of express warranty under the Song -Beverly Consumer Warranty Act, as well as negligent repair. Relevant here, Plaintiff propounded her first set of discovery requests, incl...
2024.05.13 Motion for Preliminary Approval of Class Action Settlement 812
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.13
Excerpt: ...68 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 s trength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, ...
2024.05.13 Demurrer 971
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2024.05.13
Excerpt: ...just enrichmen t as a cause of action). Movant Defendant to provide Order(s) and Notice. Discussion Defendant – VMS International moves the court pursuant to CCP § 430.10 to sustain its unopposed Demurrer on the grounds of wrong party, failure to state sufficient facts t o constitute a cause of action and uncertain pleadings as to all 5 causes of action (COA). Since the Demurrer is unopposed, the court reviewed and based it rulings on the movi...
2024.05.10 Motion to Compel Further Responses 572
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.10
Excerpt: ... with Defendant's re -entry initiative and working with parolees. He alleges, there, he witnessed the center manager engage in inappropriate sexual behavior with one of the parolees. He further asserts that he objected to the behavior. He was terminated on November 10 , 2022, for an alleged violation of HIPAA. On March 22, 2023, Plaintiff filed her complaint against Defendant alleging (1) wrongful termination; (2) hostile work environment; (3) f...
2024.05.10 Motion to Void Judgment 212
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.10
Excerpt: ...ainst Defend ant Copeland (movant) and others relating to his request to recover funds following a fire on this property. Notably, Defendant Copeland was hired to assist with the insurance claim following the fire. On July 9, 2004, the court entered a significant financial judgment in favor of Plaintiff and against Defendant Copeland. (Plaintiff's Exh. 4.) In the 20 years since the judgment, there have been various attempts by Defendant Copel...
2024.05.08 Motion to Dismiss 977
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.08
Excerpt: ... a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; 3 (6) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) c ancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. On May 23, 2022, Plaintiff...
2024.05.08 Motion for Summary Judgment 506
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.08
Excerpt: ...3.) “On a motion for summary judgment, the issues are framed by the pleadings since it is those allegations to which the motion must respond.” (Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640- 41.) The analysis required of the trial court consists of three steps: (1) identify the issues framed by the pleadings, (2) determine whether the moving party's showing has established fact that negate the opponent's claim and justify a judgment in mov...
2024.05.08 Demurrer 118
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.08
Excerpt: ... (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 -1569.) Thus, the Court takes note that the documents exist. As Requests 6 & 7, however, the Court also takes note of the rulings set forth therein. As to the Demurrer: The Court would OVERRULE. Case Summary This is, e ssentially, a fraud cause of action predicated on Plaintiff's status as a judgment creditor from another case. Plaintiff allege they are creditors of Defendants by virtue of a civ...
2024.05.06 Demurrer to FAC 404
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.06
Excerpt: ...hereinafter “Hou se”) and Gustavo Moreno (hereinafter collectively “Defendants”). On November 29, 2023, the Court sustained House's demurrer to the original form complaint on statute of limitations grounds with 10 days leave to amend after Plaintiff failed to file or prese nt an opposition. (Minute Order dated November 29, 2023.) Plaintiff untimely filed his first amended complaint (hereinafter “FAC”) December 14, 20231. 1Ten days ...
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...
2024.05.02 Motion to Deem RFAs Admitted 177
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.02
Excerpt: ...that all the discovery – and the motions – were served by email. However, movant fails to indicate in any declaration that Defendant consented to service by email. (See Rules of Court, rule 2.251(b).) The Court will inquire at hearing regarding agreement to such servi ce. Presuming proper service, the Court would (1) deem the Requests for Admission, Set One (RFA1) as admitted; and (2) compel responses to Requests for Production, Set One (RFP1...
2024.05.01 Motion to Strike or Tax Costs 106
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.01
Excerpt: ...sts Service of process Witness Fees $435.00 $1,556.54 $25,977.70 $845.40 $71,154.75 Models, enlargements, and photocopies of exhibits $30,744.29 13 16 Interpreter fees Other (trial prep, trial transcripts, etc.) $6,200.00 $93,781.22 1 The Cou nty of San Bernardino (hereinafter “County”) moves to tax Items 5, 12,1 13, and 16 on the ground that they are either not recoverable, not reasonable in amount, or were not reasonably necessary to the co...
2024.05.01 Motion to Compel Deposition 078
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.01
Excerpt: ...oduce a PMQ fo r those categories. Case Summary This is a lemon law case. The Complaint alleges that in September of 2022, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects rela ted to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit December 6, 2022, alleging (1) violation of Civil ...
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...
2024.04.30 Motion for Summary Judgment, Adjudication 045
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.30
Excerpt: ...nt (hereinafter “SAC”) added Defendant Chevron U.S.A., Inc. dba Chevron Products Company (hereinafter “Chevron USA”).1 The SAC alleges 9 causes of action: (1) Disability discrimination against Chevron and Chevron USA; (2) Disability harassment against all; (3) Failure to accommodate against Chevron and Chevron USA; (4) Failure to interact against Chevron and Chevron USA; (5) Retaliation (FEHA) against Chevron and Chevron USA; (6) Failure ...
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...
2024.04.29 Motion for Final Approval of Class Action Settlement 551
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.29
Excerpt: ...our class action agai nst Defendants in Orange County Superior Court (No. 30 -2023- 01316157), alleging fairly parallel claims. On March 31, 2023, Plaintiff Santana filed her notice with the LWDA for a PAGA claim, and she filed a First Amended Complaint in Orange County Superior Court on June 14, 2023, to add that claim for civil penalties under PAGA. Then, on May 19, 2023, Plaintiff Moreno filed a second complaint in San Bernardino County Sup...
2024.04.26 Motion for Summary Judgment, Adjudication 754
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26
Excerpt: ...ed. An affidav it that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would b e admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second ha...
2024.04.26 Motion for Summary Judgment 148
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26
Excerpt: ...here are no triable issues of fact as to Plaintiffs' first, second, third and fourth causes o f acti on. First Cause of Action for Adult Abuse and Negl ect Page | 1 The elemen ts of a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the Act) are: (1) defendant had a substantial caretaking or custodial relationship with plaintiff/decedent, involving ongoing responsibility for plaintiff's basic needs, which an able -...
2024.04.25 Motion for Summary Judgment 105
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.25
Excerpt: ... overnight delivery, the required 75 -day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code Civ. Proc., §437c, (a)(2)(3)). There are two defects that prevent the Motion for Summary Judgment (hereinafter “MSJ”) from being adjudicated on its merits. First, e -service was done 75 days plus 2 court days before th...
2024.04.25 Motion for Preliminary Injunction 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.25
Excerpt: ... Case Summary This case is, essentially, for trade secret misappropriation and intentional interference with economic relations. In short, Plaintiff is an insurance agency. The individual Defendants were workers at the agency. In September of 2022, the then sole owner o f Plaintiff passed away, leaving the business to his heirs. It was during this transfer of ownership that the current owners learned that the individual Defendants had formed thei...
2024.04.25 Motion for Approval of PAGA Settlement 302
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.25
Excerpt: ..., deter future on es, 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 LW DA 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 “fair, adeq...
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...
2024.04.24 Motion to Compel Responses 708
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24
Excerpt: ...acturer. Plai ntiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warran t y, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also alleges v...
2024.04.24 Motion to Compel Psych Examination 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24
Excerpt: ...o take break s as needed. Case Summary This is a personal injury case. Plaintiff asserts that a traffic accident on September 11, 2021, was caused when Defendant Liu fell asleep while driving. Plaintiff, a construction worker working on foot, was struck in the ensuing accident. Plaintiff filed suit on June 29, 2022, alleging (1) motor vehicle; and (2) general negligence. Notably, Plaintiff claims orthopedic and brain injury, with cognitive and b...
2024.04.24 Motion to Compel Deposition 558
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24
Excerpt: ...nuary 2021. During the course of the relationship, in or around May of 2018, Plaintiff negotiated and purchased the subject property and put her name solely on the title. However, Defendant claims an ownership interest in the property based at least in part on a Right of First Refusal to Purchase” he filed in July of 2021. Plaintiff initially filed this action on October 15, 2021 to quite the title. On December 3, 2021, Defendant filed a Cro...
2024.04.24 Demurrer to SAC 306
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.24
Excerpt: ... Jeannette Fuent es. Plaintiff contends that his brother, Richard Tafoya (hereinafter “Richard”), agreed to secure housing for his daughter Tammy Tafoya (hereinafter “Tammy”). Under the agreement, Richard promised to place title to the Apple Valley property in his name a nd in return Plaintiff would pay all the mortgage payments, taxes, HOA and maintenance fees, and insurance premiums. The intent was for Richard to take the legal title, P...
2024.04.23 Motion to Disqualify Counsel 918
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23
Excerpt: ... this is a br each of fiduciary duty case. Plaintiffs own one unit of a triplex that is subject to the Covenants, Conditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and rel evant Bylaws by failing to maintain and repair common areas; not maintaining proper financial records; allowing Defendants Prine to make unilateral decisions concerning the devel...
2024.04.23 Motion to Compel Responses 708
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23
Excerpt: ...uto Manufacturer. Plaintiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also all...
2024.04.23 Motion to Compel Further Responses 078
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23
Excerpt: ...2, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects related to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs fi led suit December 6, 2022, alleging (1) violation of Civil Code, section 1793.2(d); (2) violation of Civil Code, section 1793.2(b); (3) violation of Civil Code, section 1793.2(a)(...
2024.04.22 Motion for Leave to File Complaint in Intervention 900
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.22
Excerpt: ...le 8.) Tent ative rulings for each law & motion will be posted on the internet (https://www.sb -court.org) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the Judicial Assistant. You may appear in person at the hearing but personal appearance is not required. (See www.sbcourt.org/general...
2024.04.18 Special Motion to Strike, Demurrer, for Sanctions 603
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.18
Excerpt: ...D On October 30, 2020, InvestorsAlly, Inc. filed a breach of contract action against Defendants Marvin Lindholm and Marina Resort, Inc. (“Marina Resort”) (CIVSB2025501). Plaintiff successfully moved for an order compelling arbitration. On December 2, 2022, Arbitrator L inda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied Plaintiff's claims and awarded $116,967.54 in attorney fees and costs to Defendants...
2024.04.18 Motion to Compel Further Responses 068
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.18
Excerpt: ...Plaintiff is a contractor and alleges that, on or about October 2, 2020, it entered into a written agreement to perform repairs on a property for Defendant. There were subsequent additions and modifications to the contract. Plaintiff alleges that it finished all necess ary work and met all its obligations under the contract, but remains unpaid on a large portion of the agreed -upon amount. As such, it filed a mechanic's lien on July 20, 2022, ...
2024.04.18 Motion to Compel Arbitration 515
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.18
Excerpt: ... Court would DENY, without prejudice. Case Summary This is an individual and representative1 wage -and -hour case. In essence, Plaintiff alleges that, as an employee of Defendant, she and other employees were shorted wages; did not received proper meal -and -rest periods; were not properly reimbursed for cell phone usage; were not properly paid overtime; and were not paid for work during non- work time. She asserts that after she made complaints,...
2024.04.18 Motion for Summary Judgment, Adjudication 302
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.18
Excerpt: ...ario Lalama and Noemi Lalama (hereinafter “The Lalmas”) filed their original Complaint against defendants, Emmanuel Jonathan Sanchez, City of Fontana, and A&A Auto Sales alleging causes of action for negligence and dangerous condition of public property. Subsequently , The Lalmas filed several amendments to the Complaint naming: (a) Ahmad Salamah as “Doe 1”; (b) Roy L. Tyra as “Doe 2”; (c) The Tyra Family Trust as “Doe 3”; (d) L...
2024.04.17 Motion to Compel Deposition of PMK 639
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.17
Excerpt: ... Judge Carl os M. Cabrera This court follows California Rules of Court, rule 3.1308(a) (1) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb -court.o rg) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtai...
2024.04.17 Motion for Summary Judgment, Adjudication 154
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.17
Excerpt: ...d. An affidavi t that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would be admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second hand...
2024.04.16 Demurrer 707
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.16
Excerpt: ...ess of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966 -967.) However, the Court does “not accept as true co ntentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California ...
2024.04.15 Motion to Compel Arbitration and Stay Proceedings 006
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.15
Excerpt: ...t”) which represented tha t the vehicle had not been in any accidents and had no existing mechanical issues. Moss answered on December 20, 2022. Defendant FCA US, LLC answered on February 1, 2023. At the Trial Setting Conference on February 21, 2023, the parties, upon no objectio n, were ordered to mediation, to be completed by January 23, 2025. Both sides have engaged in the discovery process. Plaintiff filed four Motions to Compel Further Re...
2024.04.15 Motion for Summary Judgment, Adjudication 017
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.15
Excerpt: ...or file a new memorandum of costs in compliance with rule 3.1700 of the Rules of Court. Case Summary This is limited collections matter. Plaintiff filed a judicial council form complaint on July 25, 2023, alleging causes for (1) breach of contract (written); (2) breach of contract (implied in fact); (3) -(4) common counts (money lent, paid and expended for defendant); and (5) -(6) common counts (open book & account stated). The complaint seeks ...
2024.04.15 Demurrer 777
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.15
Excerpt: ... to amend. Case S ummary This is a breach of contract, business dispute. The Plaintiff is the trustee of his father's trust and brings the suit in that capacity. His father is deceased but is alleged to have been a medical practitioner who owned a clinic. He alleges that, a fter his father passed on July 5, 2021, he acted in his capacity as trustee to try and sell the clinic to Defendant Best Health. Defendants Correa and Gutierrez were ostensibl...
2024.04.11 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.11
Excerpt: ...sues must be admitted or denied, and any remaining questions could easily be answered or given more explanation under the discovery process. Thus, this pleading is not subject to a special demurrer. First (Negligence – Premises Liability/Failure to Warn – Negligen ce Per Se) and Second Causes of Action (Nuisance) In attacking the nuisance cause of action, Defendant argues (1) it is duplicative of the negligence cause of action and (2) nuisanc...
2024.04.11 Motion for Alternative Service 849
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.04.11
Excerpt: ...tract with Defendant in which Plaintiff agreed to provide storage and maintenance service for Defendant's aircraft —a Boeing 737 -300. Pursuant to the contract, Plaintiff has performed maintenance and stored the aircraft (and is still storing it in San Bernardino). Although Defendant has incurred charges of $124,498.07 for the maintenance and storage fees, it has only paid Plaintiff $4,403.31. That single payment was made on September 13, 2021....
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 ...
2024.04.10 Motion to Compel Arbitration 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.10
Excerpt: ... she was ini tially disciplined for not reporting the accident and injury. She eventually took time off and then came back with medical restrictions. She asserts that she was sent home and told she would not be allowed to return until she was free from all restrictions . On April 12, 2022, Plaintiff asserts she presented a doctor's note, lifting the restrictions, but that Defendants would not accept it since it was not authored by her treating ph...
2024.04.09 Motion to Dismiss 402
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.09
Excerpt: ...ovides in pertinent pa rt, Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six m onths. This rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council. This sunset does not nullify the effect of the extension of ...
2024.04.09 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.09
Excerpt: ...objection #1 but SUSTAIN objection #2 (Lab. Code, §6304.5). Plaintiffs Navarro object to (1) Way's Declaration, entirely, because states in support of Opposition to RND's MSJ, (2) Dunn's Deposition at 13:7 -28, 14:2 -7, 15:13- 24, 16:26- 17:4, & 23:3- 5 Page | 5 becaus e not cited in the Separate Statement, and (3) Dunn's Deposition at 13:7 -28 because irrelevant: OVERRULE. Analysis Initially, Plaintiff Muro argues the Separate Statement is defe...
2024.04.09 Motion for Attorney Fees 076
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.09
Excerpt: ...lighting, an d mechanical systems. Despite being covered by express and implied warranties, the vehicle's manufacturer (Defendant) was unable to fix the vehicle, despite a reasonable number of attempts. Defendant also allegedly failed to replace the vehicle or make res titution. As a result, Plaintiff filed the instant suit against Defendant on May 2, 2022, for (1) violation of Section 1793.2 of the Song Beverly Consumer Warranty Act (Act), whi...
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...
2024.04.09 Demurrer, Motion to Strike 705
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.09
Excerpt: ...d by Concealment against defendants Louie Atilano, Yvonne Atilano, Atilano, Inc. (hereinafter collectively, “Atilano” or “the Sellers”), Nancy “Nancee” Herrera, Natalie Brewer, and RMA/Realty Masters & Associates (hereinafter “RMA”). On November 9, 2023, Plaintiffs fi led the operative First Amended Complaint (hereinafter “FAC”). In the FAC, they allege the following nine causes of action: (1) Breach of Contract, (2) Breach o...
2024.04.08 Motion for Leave to File Amended Complaint
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.08
Excerpt: ...der Code of Ci vil Procedure section 473 for an order permitting the filing of the proposed SAC attached as Exhibit 1 to the Motion. The Motion lists amendments to the FAC including additional general allegations, the addition of a primary residence allegation under the HBOR Page | 2 claim, removal of the one action rule allegations, identification of the “rights of Mrs. Reece” for the wrongful foreclosure claim, amendments to the slander o...
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 Anti-SLAPP Attorney Fees 299
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.04.04
Excerpt: ... attorney's fees pursuant to Code Civ. Proc. § 425.16(c). Plaintiff seeks fees in the amount of $21,600.00 and costs in the amount of $736.71. Defendant/Cross -Complainant opp oses the motion. Plaintiff/Cross -Defendant replies. Anti -SLAPP Attorneys' Fees Discussion Code Civ. Proc. § 425.16(c) states that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs ”. “Atto...
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...
2024.04.04 Motion for Final Approval of Class Action Settlement 072
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.04
Excerpt: ...llowing the deat h of the original plaintiff, a Second Amended Complaint (SAC) was filed on January 11, 2023, to substitute in Plaintiff Santos. The operative SAC alleges violations related to (1) meal periods; (2) rest breaks; (3) overtime wages; 3Counsel must provide a f ull lodestar analysis in the motion for final approval. 4Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of ov...
2024.04.04 Motion for Preliminary Approval of Class Action Settlements in General 730
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.04
Excerpt: ....App.4th 116, 12 6; 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 streng th 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 a...
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 ...
2024.04.03 Motion for Final Approval of Class Action Settlement 211
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.03
Excerpt: ...solidated the matte rs. The operative claims are for violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage timeliness; (7) wage statements; (8) payroll records; (9) reimbursements; as well as (10) violations of the unfair competition law; and (11) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiffs would represent all of Defendant's current ...
2024.04.02 Motion to Compel Further Responses 431
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.04.02
Excerpt: ...oduction of Documents, Set No. Three Plaintiffs Roland Schuh, Michaelann Ingraham, Dustin Ingraham, Shenghao He, Leticia Urbina, Yaquelin Flores, Mario Juarez, and Alberto Marquez (“Plaintiffs”) Defendant California D epartment of Transportation (“DOT”) __________ Before the Court are three (3) discovery motions filed by the Plaintiffs against DOT. The Court has reviewed and considered the voluminous moving papers, Oppositions and Replie...
2024.04.02 Motion for Attorney Fees 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.02
Excerpt: ...red. As such , they brought a petition to release the lien on or about May 13, 2021. Defendant answered on November 19, 2021. Relevant here, Plaintiffs moved for judgment on the pleadings due to the answer being unverified. The Court granted that motion on S eptember 12 , 2023, with thirty (30) days of leave to amend. More than thirty (30) days passed with no amended answer and this motion followed. However, upon leave of the Court, a verified ...
2024.03.28 Motion to Quash Service of Summons 105
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.28
Excerpt: ...ing a 2 012 Freightliner Tractor and 2015 Vanguard Trailer at the same time. Singh ultimately collided with other vehicles stopped on the roadway (themselves involved in an accident) and his trailer detached as a result. That trailer struck Du causing him injuries . Du then commenced suit against Singh and A&A on February 22, 2021, for negligence. On September 20, 2021, Singh and A&A filed a Cross -Complaint against William Fink, Barbara Radowit...
2024.03.28 Demurrer, Motion to Strike 200
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.28
Excerpt: ...on of Song -Beverly Act – breach of implied warranty; (3) violation of Song -Beverly Act Section 1793.2; and (4) fraud – fraudulent inducement/concealment. Plaintiff alleges that on November 7, 2020 he purchased a 2021 Chevrolet Silverado (hereinafter “Subject Vehicle”) from Rotol o Chevrolet Inc., an authorized GM dealership. Plaintiff claims that the Subject Vehicle was manufactured with a defective Hydra- Matic 8L90 transmission. Plain...
2024.03.25 Motion to Compel Arbitration 071
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.03.25
Excerpt: ...vering the engine and transmission in addition to various emissions warranties. (Compl. ¶ 9.) The Subject Vehicle had serious defects and nonconformities to the engine and transmission systems. (Compl. ¶ 10.) On September 21, 2023, Harrison filed her Complaint against defendant Hyundai Motor America (“Hyundai”) alleging the following three causes of action pursuant to the Song -Beverly Act: 1) Breach of Express Warranty; 2) Breach of Imp l...
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...
2024.03.21 Motion to Quash Subpoena 478
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.21
Excerpt: ...rican and We lls Fargo. However, the Court would DENY Defendants' request for monetary sanctions. Case Summary This is a post -judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. Relevant here, on in the fall of 2023, the Judgment Creditor sent a number of subpoenas to the Defendants' relevant business entities. On November 29, 2023, Defendants filed a motion to quash the fifteen s...
2024.03.21 Motion for Summary Judgment, Adjudication 465
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.21
Excerpt: ...reinafter Collectively “Johnson,” individually by their first names). On March 10, 2021, Captan filed the operative First Amended Complaint (hereinafter “FAC”) pleading 2 causes of action: (1) premise liability and (2) general negligence. Defendants answered. The FAC alleges that on August 19, 2019, Plaintiff Jihad N. Captan was an invitee at Defendants' property. Plaintiff, while walking along a concrete pathway in the backyard, tr...
2024.03.20 Demurrer, Motion to Strike 277
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.20
Excerpt: ...semi from Defendants on March 15, 2022. They allege that Defendant's agent asserted that the vehicle was in conformity with emissions guidelines and had a successful DOT inspection. (FAC, ¶17.) Plaintiffs assert they relied on those representation. Despite the representations, they assert that the vehicle began smoking a week later, and that it was later determined to be inoperable. After attempting to have Defendants address the issues, Plainti...
2024.03.20 Demurrer to SAC 406
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.20
Excerpt: ...contract, th e manufacturer, Ford Motor Company (hereinafter “Ford”) failed to fulfill its obligations under the Song- Beverly Consumer Warranty Act (hereinafter “The Act”). As a result, Plaintiffs commenced suit against Ford on November 21, 2022, for (1) breach of expr ess warranty under the Act, (2) breach of implied warranty under the Act, and (3) violation of section 1793.2 of The Act, and (4) negligent repairs as against Defendant S...
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...
2024.03.19 Motion to Deem RFAs Admitted 567
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.19
Excerpt: ...y 2, 2022, P laintiff filed his first suit (Complaint #1) for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (6) slander of title; (7) intentio nal misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advan...
2024.03.18 Motion to Strike 405
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.18
Excerpt: ...nsive pleading is due. Under Code of Civil Procedure section 435.5, subdivision (a)(3), the demurring party must file a declaration stating either: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to s trike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion ...
2024.03.18 Motion to Compel Further Responses 598
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.03.18
Excerpt: ...concern Defendant's policies and procedures for handling Song -Beverly Act cases, and requests Nos. 30 to 31 concern similar customer complaints in vehicles of the same year, make, an d model as the subject vehicle. (Counsel Gregory Sogoyan Decl., at ¶ 21; Exhibit 8.) As background, Plaintiffs served these requests around September 15, 2023, and Defendant served responses around October 31, 2023. (Sogoyan Decl., at ¶¶ 14- 15; Exhibits 3 & 4.) ...
2024.03.18 Demurrer, Motion to Strike 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.18
Excerpt: ...the Motio n to Strike: The Court would DENY as moot given its ruling on demurrer. Case Summary This is a sexual abuse case. Plaintiff alleges that she was sexually abused in 1988, when she was eight years old, by “Doe 3,” who was later identified as a teacher at the Defendant School District. At the time, Plaintiff was in foster care and under the custody and control of a statelicensed foster home. The abuse allegedly was extensive and conti...
2024.03.18 Demurrer 405
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.18
Excerpt: ... for purpose s of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) However, the Court does “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125...
2024.03.15 Motion for Preliminary Approval of Class Action Settlement 220
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.15
Excerpt: ...e settlement is fair, adequate and 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 likel...
2024.03.14 Motion to Compel Deposition 904
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.14
Excerpt: ...nst Esqueda and Call Pros Inc. On November 7, 2022, Plaintiff filed an amendment to the Complaint naming Rooter Hero Plumbing, Inc. in place of “Doe 1.” On November 7, 2022, the Court issued an Order Re: Discovery Conference, which stated that prior to filing any discovery motion, the moving party must schedule a telephonic or video discovery conference (also known as an Informal Discovery Conference, or “IDC”) with all parties and the ...
2024.03.14 Motion for Summary Judgment, Adjudication 754
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.14
Excerpt: ...s, Inc.; Prim e Healthcare Garden Grove, LLC, dba Garden Grove Hospital Medical Center; and Garden Grove Hospital. As a result, Ornelas commenced suit against those defendants, and the purported harasser Liza Martinez, on June 4, 2020. Ornelas contends that she began wo rking for Defendants in their hospital facilities as a certified nurse's assistant and her duties included basic patient care, such as feeding, changing clothes, bathing, etc. Or...
2024.03.14 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.14
Excerpt: ...18 Ford Fusion ( “Subject Vehicle”) from Citrus in Ontario, California. Defendants' Separate Statement of Undisputed Facts (UF) #1. Only Ojeda is named on the sales contract. UF #2. The Song -Beverly Act allows only the buyer of consumer goods to seek redress for breac hes of the implied or express warranties. (Civ. Code, §1794, subd. (a); Atkinson v. Elk Corporation of Texas (2006) 152 Cal.App.4th 212, 222.) A buyer is “any individual who...
2024.03.13 Motion for Summary Judgment
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.03.13
Excerpt: ...clude and/or identify the correct legal description of the Subject Property and that it was through mistake, error and/or inadvertence (through no fault of Plaintiff) that the NewRez DOT did not include and/or identify the correct full legal description to the Subject Property.” Plaintiff further argues all allegations of the complaint must be accepted because Miranda's purportedly responsive pleading does not appear to controvert any material ...
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...
2024.03.12 Demurrer 603
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.12
Excerpt: ... 2, 2022, Arbitrator Linda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied InvestorsAlly's claims and awarded $116,967.54 in attorney fees and costs to Defendants Lindholm and Marina Resort. (See Ex. 1 to RJN Ex. 3 InvestorsAlly's verified motion to vacate arbitrator's award in CIVSB2025501 .) On February 2, 2023, the Court confirmed the arbitration award. InvestorsAllythen filed a motion to vacate the arbit...
2024.03.12 Motion to Tax Costs 671
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...e accident by running a red light and sought monetary damages at trial. Defendant contested the nature and extent of Plaintiff's claimed injuries and damages. Relevant here, Defendant served Plaintiff an offer to compromise pursuant to Section 998 of the Code of Civil Procedure on March 16, 2023. That offer sought to resolve the matter for $50,001. Plaintiff did not accept that offer and the matter proceeded to a jury trial. As a result, on Febru...
2024.03.12 Demurrer, Motion to Strike 972
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.03.12
Excerpt: ...es both motions, and Luong replies to both as well. The Court finds that the parties have met the meet and confer requirements under Code Civ. Proc., §§ 430.41, subd. (a)(3) an d 435.5, subd. (a)(3). Analysis Luong demurs to the Breach of Contract cause of action in the Cross -Complaint contending that it is a conclusory pleading. He demurs for failure to state a cause of action as well as uncertainty. Namely, Luong states that Frontier fails ...
2024.03.12 Motion to Dismiss 818
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...ees, missing items, un paid laundry use, legal and office expenses, travel time[,] gas and expenses to Court, postage, etc., as well as for Malice, Abuse, Libel, Slander, Defamation, Nuisance 1161(4) 4 [and] Conspiracy to Defraud.” (Compl., 1:22 -24.) Defendant Scott filed a “M oti on to D i s mi ss” o n D ec emb er 22, 203, and the pro per Defendants all filed general denials on February 6, 2024. The “Motion to Dismiss” is also writt...
2024.03.12 Motion to Quash Service of Summons 601
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.12
Excerpt: ... Johns Pizz a, Aylin (Last Name Unknown), and Juan “Johnny” (Last Name Unknown)(collectively, Defendants). Martinez filed a first amended complaint (FAC) on July 7, 2023, against the same defendants but correcting “Carvu 2, Inc.” to “Cravu 2, Inc.” (Cravu). The FAC a lleges Martinez is a Hispanic male approximately 59 years old at the time his employment with Cravu ended. Martinez began working for Cravu as a delivery driver in July...
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 ...
2024.03.11 Motion for Preliminary Approval of Class Action Settlement 382
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ....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 amount ...
2024.03.11 Demurrers to TAC 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ...ation. Plai ntiff will have thirty days to leave to amend. Case Summary This is an insurance coverage dispute. Plaintiffs are married homeowners. Defendants Bamboo and Catlin are insurers. Other defendants are various adjusters and administrators for the atissue claim . Plaintiffs maintained a policy with Defendant Catlin for the period March 2, 2020, through March 2, 2021. Plaintiffs allege Defendant Bamboo is co -insurer or alter ego of Defenda...
2024.03.11 Demurrer 887
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.11
Excerpt: ...r to the complaint filed by Defendant Shenzhou Xingyu Global. There is also an unopposed demurrer by Defendant Christopher (Chris) Currie. This proceeding was commenced on June 30, 2023, by Plaintiffs Lesly Zamora (“Lesly”) and Zaira Zamora, by and through her Guardian ad Litem, Karla Zamora Duran (“Zaira”, collectively “Plaintiffs”), asserting causes of action for: (1) negligence; (2) assault and battery; (3) premises liability; and...
2024.03.08 Motion for Summary Adjudication 504
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.08
Excerpt: ...e was “run over ” by a forklift that was being operated by Mr. Jones while he was in the course and scope of his employment with Gebruder, Staffmark and Does 1 -100. On November 12, 2021, Staffmark filed in the operative Cross -Complaint against Gebruder and Roes 1 -2 5 alleging four causes of action: (1) total or comparative equitable indemnity; (2) declaratory relief; (3) breach of contract and (4) express indemnity. On November 27, 2023, ...
2024.03.07 Demurrer, Motion to Strike 325
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.07
Excerpt: ...mination in violation of public policy. Defendant has demurred to all causes of actions on grounds that, inter alia, the causes of action are time -barred and/or fail to allege facts sufficient to state a cau se of action. Defendant also filed a motion to strike requested punitive damages. As to her opposition to the demurrer to the third and fourth causes of action, the plaintiff contends that the causes of action are not time barred because th...

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