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2023.08.07 Demurrer, Motion to Strike FAC 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.07
Excerpt: ...nsider the issuance of sanctions against the non-complying party. DEMURRER: 1. All Causes of Action are uncertain: The demurrers for uncertainty are overruled. 2. First through Third Causes of Acton: The demurrers are sustained with thirty days leave to amend. The Plaintiff has not properly alleged respondeat superior or ratification. The generalized allegations in paragraph 15 and 16 are not enough to impute the intentional torts of Defendant Ch...
2023.08.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 723
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.07
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comp...
2023.08.04 Motions to Set Aside Default, Dismiss Cross-Complaint 425
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.04
Excerpt: ...and Hashim. Choudhry. On October 27, 2017, default was entered against the two corporate defendants—H&lC Bros. Corp. and Choudhry Enterprises Inc. On January 30, 2018, all four defaults were set aside by stipulation and order. The parties' stipulation states that defendants had "served their Answer to the First Amended Complaint timely, however, [their] attempted filing... was rejected due to credit card information errors." (Stip. & Order at p...
2023.08.04 Motion for Summary Judgment 551
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.04
Excerpt: ...ising from those risks deemed inherent in a sport; as a matter of law, others have no legal duty to eliminate those risks or otherwise protect a sports participant from them"]; Knight v. Jewett (1992) 3 Cal.4th 296, 314-15.) However, a defendant has a duty to use due care not to increase the risks to a participant over and above those inherent in the activity. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990.) Furthermore, a defen...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 899
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.04
Excerpt: ...eles (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and t...
2023.08.03 Motion for Summary Adjudication 853
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.03
Excerpt: ...tion") were "cancelled, retracted, withdrawn, or successfully challenged in an administrative or judicial proceeding" for purposes of Cal. Code Regs. ht. 22. S 66271.54. subd. (a)(2). 2. Whether DTSC breached the LA Action settlement agreement by: (a) Issuing inspection violation scores that included violation(s) encompassed by the LA Action settlement agreement: or (b) Including in Hazmat's 2019-2021 Facility VSP Scores the score(s) for any viol...
2023.08.03 Motion for Preliminary Approval of Class Action Settlement 117
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.03
Excerpt: ...f Class Acton Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 125; 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.A...
2023.08.03 Demurrer, Motion to Strike 157
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.08.03
Excerpt: ...atively from the dates alleged; it is not enough that the complaint might be barred. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Fraud is subject to a three-year limitation period. (Code Civ. Proc., 5338, subd. (d); E-Fab, Inc. v. Accountants, Inc. services (2007) 153 cal.App.4th 1308, 1316-17 ["E-Fab"l.) It does not accrue until the aggrieved party discovers the facts that constitute the fraud or mistake. (Code of Civ...
2023.08.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 246
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...amed as a Defendant in paragraph 1 of the Third Amended Class and Representative Action Complaint, it has not made a general appearance. The court presently has no personal jurisdiction over KTI. To approve the settlement (on a preliminary or final basis) with respect to KTI, KTI must make a general appearance and pay its initial filing fees. If KTI makes a general appearance before or at the hearing, the court can rule on the motion. Alternative...
2023.08.02 Demurrer, Motion to Strike 756
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.08.02
Excerpt: ...neficiaries of the Trust. (First Amended Complaint ["FAC"], "11-3.) In April 2002, Betty Joyce Rosine ("Betty"), a widow, purchased property at 3866 Yucca Mesa Road in Yucaipa Valley ("the Property"). Betty financed part of the purchase with a loan issued by Mountain West Financial and executed a $45,000 Deed of Trust ("DOT") naming First American Title Insurance as Trustee. Mountain West then assigned the DOT to Washington Mutual Bank. (FAC, "1 ...
2023.08.02 Motion for Summary Judgment, Adjudication 147
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.02
Excerpt: ...d or contributed to Decedent's death (i.e. the fall was not the cause of her death based on reasonable medical probability). And the fall did not cause any lasting harm, as there was no evidence of any wounds or acute bleeding from the CT scan taken the day of the fall. Plaintiffs Hernandez's dispute is based on their contention and reading of Decedent's medical files. But their reading and beliefs of what the medical records indicate are not suf...
2023.08.02 Motion to Quash Deposition Subpoena 633
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...to quash the subpoena. Initially, plaintiff argues that Hungrypanda, as a defendant in default, has no standing to bring this moton. aut plaintiff served the subpoena on Hungrypanda as a non-party. Hungrypanda has the same rights to challenge the subpoena as would any non-party. Hungrypanda raises two procedural challenges to the subpoena. First, Hungrypanda argues that plaintiff failed to provide notice to consumers pursuant to Code of Civil Pro...
2023.08.02 Motion to Strike 146
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.02
Excerpt: ...efendants intend to strike Plaintiff's entire cause of action for punitive damages/exemplary damages. Defendants are not required to c:ite specific language in the Complaint. Defendants' motion complies with the California Rules of Court. In this action, Plaintiff's allegations in support of her punitive damages claim is inadequate. Absent any aggravating factors such as allegations of a prior history of substance abuse, prior arrests for driving...
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)...
2023.08.01 Motion for Final Approval of Class Action and PAGA Settlement 526
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ullar 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class ach...
2023.08.01 Demurrer, Motion to Strike 918
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ers" under Labor Code section 1194, and cannot be held personally liable on that basis for an employee's unpaid wages. (Martinez v. Combs (2010) 49 Cal.4th 35, 66; Reynold v. Bement (2005) 36 Cal.4th 1075, 1087-88, overruled on other grounds in Martinez v. Combs, supra, 49 Cal.4th at pp. 62-64.)5 Nevertheless, Labor Code section 558.1, subdivisions (a)-(b), provides that an owner, director, officer, or managing agent of an employer who violates o...
2023.07.31 Motion to Compel Discovery 750
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.31
Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...
2023.07.31 Motion for Summary Adjudication 647
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.31
Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...
2023.07.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 705
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.31
Excerpt: ...egate number of pay-periods worked if that information is available at this time. Preliminary Approval of Class Action Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the 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.) T...
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...
2023.07.27 Motion to Enforce Compliance with Settlement Agreement 738
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.27
Excerpt: ...ia at any time from December 16, 2016, through August 29, 2022, who did not sign an individual settlement and release. After issuance of settlement checks, approximately a dozen individuals contacted plaintiff's counsel indicating that they fell within the definition of the certified class, but had received no notice of the settlement and did not receive any funds from the distribution. Plaintiff moves for an order compelling defendant to comply ...
2023.07.27 Motion for Final Approval of Class Action and PAGA Settlement 749
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.27
Excerpt: ...hers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...
2023.07.27 Demurrer, Motion to Strike 248
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.27
Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...
2023.07.27 Demurrer 048
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.27
Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...
2023.07.26 Demurrer
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.26
Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...
2023.07.26 Motion for Preliminary Approval of Class Action and PAGA Settlement 538
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.26
Excerpt: ...d 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discov...
2023.07.26 Motion for Preliminary Approval of Class Action Settlement 328
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.26
Excerpt: ...eles (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and t...
2023.07.25 Motion to Approve PAGA Settlement 973
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.25
Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...
2023.07.25 Motion for Final Approval of Class Action Settlement 100
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.25
Excerpt: ...nalysis in the motion for final approval. 3 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.05 per page. 5 (8) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs would represent a class of all current and former nonexempt employees employed ...
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...
2023.07.24 Motion for Final Approval of Class Action Settlement 260
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.24
Excerpt: ... (5) meal period violations; (6) reimbursements; (7) wage statement violations; (8) waiting time penalties; (9) penalties per Labor Code section 558; (10) untimely wages; (11) restitution; and (12) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California at any point from September 7, 2016 through October...
2023.07.24 Motion for Final Approval of Class Action of PAGA Settlement 856
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.24
Excerpt: ...eed 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the exten...
2023.07.21 Motion for Final Approval of Class Action Settlement 018
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.21
Excerpt: ...tail, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial...
2023.07.20 Motions for Class Certification 416
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.20
Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...
2023.07.20 Motion to Quash Deposition Subpoenas 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.20
Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...
2023.07.20 Motion for Final Approval of Class Action and PAGA Settlement 694
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.20
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...
2023.07.20 Demurrer to TAC 675
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.20
Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...
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...
2023.07.19 Demurrer 036
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.19
Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...
2023.07.19 Motion to Enforce Deposition Subpoena, for Sanctions 793
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.19
Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...
2023.07.19 Demurrer to FAC 245
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.19
Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...
2023.07.19 Motion to Strike Punitive Damages 453
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.07.19
Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...
2023.07.18 Motion to Compel Further Responses 077
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.18
Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...
2023.07.18 Motion to Compel Arbitration and Dismiss or Stay Proceedings 531
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.18
Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...
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,...
2023.07.18 Motion for Final Approval of Class Action and PAGA Settlement 879
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.18
Excerpt: ...s 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed ...
2023.07.18 Demurrer 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.18
Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...
2023.07.17 Motion to Quash Service of Summons 530
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.17
Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...
2023.07.17 Motion for Summary Judgment 205
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.17
Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...
2023.07.17 Motion for Preliminary Approval of Class Action Settlements 165
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.17
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comp...

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