Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1686 Results

Location: San Bernardino x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 675))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 0,50
Array
(
)
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 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 ...

1686 Results

Per page

Pages