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2024.03.06 Motion for Summary Judgment 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.06
Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...
2024.03.05 Motion to Set Aside Default 503
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.05
Excerpt: ...t so long as the moving party establishes the grounds for relief, the relief has been raised in a procedurally proper manner, and the motion is made within any applicable time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure §473, subd. (b) provides a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding take...
2024.03.04 Motion for Final Approval of Class Action Settlement 420
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.04
Excerpt: ...(2) minimum wag es; (3) meal periods; (4) rest breaks; (5) final pay; (6) accurate wage statements; as well as (7) violation of the unfair competition law. By October 26, 2022, Plaintiff had filed his First Amended Complaint (FAC) to add a claim for civil penalties under the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non -exempt employees working in California during the statutory period. (FAC, ¶22; compare Settleme...
2024.03.04 Demurrer
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.04
Excerpt: ...e the objections to the pleading. The parties Page | 2 must meet and confer at least five days before the responsive pleading is due, but if they are unable to do so, an automatic 30 -day extension of time within which to file the responsive pleading will be granted by filing and serving a declaration on or before the date the response would be due, stating a good faith attempt was made to meet and confer. The moving party then must file and ...
2024.03.01 Motion to Stay
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.01
Excerpt: ... o f Electronic Protected Health Page | 2 Information and (b) 45 C.F.R. section 165.524 (right to access), and breach of the notification rule. He asks the stay be pending the investigation and any subsequent criminal proceedings. Now, civil litigations may be appropriately stayed when a party (generally the defendant) is subject to a criminal prosecution that may result in the party invoking his 5th Amendment privilege. (Pacers, Inc. v. Superio...
2024.03.01 Motion to Set Aside Post-Judgment Attorney Fees, Default Judgment 592
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.01
Excerpt: ...ugust 23, 1994, and DOES 1 through 10, inclusive: (1) Violation of Civil Code section 789.3; (2) Wrongful Eviction; (3) Breach of the Warranty of Habitability; (4) Breach of Covenant of Quiet Enjoyment ; (5) Unjust Enrichment; (6) Breach of Contract; and, (7) Intentional Infliction of Emotional Distress. Plaintiff alleged that she was wrongfully evicted from real property (“the property”) owned by the Donald and Barbara Atkinson Revocable Tr...
2024.03.01 Motion for Summary Judgment, Adjudication 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.01
Excerpt: ...threatened by Debbie's boyfriend and, despite having notice of the abuse, Del Taco simply transferred R.G. to another store and continued to employ Debbie. After being transferred, R.G. left the employmen t, only to seek reemployment two years later. R.G. was informed he could be rehired on the condition that he did not tell anyone about the abuse. (Compl. at ¶¶ 10 - 13.) Based on Del Taco's failure to terminate or discipline Debbie, transferri...
2024.03.01 Demurrer 727
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.01
Excerpt: ... warranty; and (3) negligent repair. The first two causes of action are asserted against Defendant Volkswagen Group of America, Inc.; the third cause of action for negligent repair is asserted against demurring Defendant, Riverside Metro Auto Group, LLC d/b/a Riverside Volkswagen (“Riverside VW”). Plaintiffs' complaint alleges that they purchased a 2022 Volkswagen Atlas on January 31, 2022 and that the vehicle manifested defects and nonconfo...
2024.02.27 Motion to Deem RFAs Admitted 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.27
Excerpt: ...e the General Manager of the project. PETI delegated many of its duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for the purchase of a pre -engineered steel 3 building from Defenda nt 98 Leaf dba “Flex Plus”. While Plaintiff made various deposits in satisfaction of its obligations and served Flex Plus with a demand for assurances to obtain the status of m...
2024.02.27 Motion to Compel Further Responses, for Leave to File FAC 789
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.02.27
Excerpt: ...enn -Star”), alleging causes of action for: (1) Breach of Contract, (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (Failure or Delay in Payment), (3) Bad Faith and Breach of the Implied Covenant of Goo d Faith and Fair Dealing (Failure to Properly Investigate Claim), and (4) Unfair Business Practices. According to the Complaint, between November 1, 2019 and November 1, 2020, Defendant provided insurance coverage for real prop...
2024.02.27 Motion for Final Approval of Class Action Settlement 282
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.27
Excerpt: ...Private Attor neys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of current and former nonexempt workers in Defendant's California operations from April 21, 2018 through September 17, 2023. (Settlement, ¶¶6 [“C lass”] & 10 [“Class Period”].) The PAGA period would be a year from the LWDA filing. After commencing the litigation, the parties engaged in discovery, with Defendant p...
2024.02.26 Motion to Compel Further Responses 495
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.02.26
Excerpt: ...rogatories—was apparently rejected due to a filing irregularity. On January 30, 2024, the Court heard and granted the other six discovery motions. The Court ordered Defendants to resubmit their motion to compel Mauricio's further responses to s pecial interrogatories, which Defendants did that same day. Mauricio filed an opposition (one court day late). Defendants filed a timely opposition. A. Analysis At issue are Mauricio's responses to Sp...
2024.02.26 Motion for Preliminary Approval of Class Action Settlement 480
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.26
Excerpt: ...App.4th 116, 1 26; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this 3 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, the ...
2024.02.23 Demurrer to SAC 176
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...ement for thre e (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as “Phelan Self -Storage”). (SAC, ¶32.) The storage units were necessary to store “personal property,” including various family heirlooms. The units were being paid by automatic withdraw al from an account jointly owned by Plaintiffs' grandmother; their mother; and their aunt, Defendant Sheli Young. On or about January 16, 2021, Plaintiffs' mother passe...
2024.02.23 Motion for Sanctions 277
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...Summary T his is a real estate dispute. Plaintiff owns property within a shopping center. Defendants also have interests in that center. The shopping center is subject to a declaration of restrictions and reciprocal easements that are binding on all parties. Plainti ff alleges that Defendants interfered with Plaintiff's property rights. For example, Plaintiff alleges that Defendants imposed time limits on certain parking spots, locked access to t...
2024.02.23 Motion to Compel Further Responses 697
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.23
Excerpt: ...T he Pleadings and Allegations The underlying litigation arises from a dispute over the ownership of an automotive business. The action was commenced on May 26, 2022, by Plaintiffs Arsen H. Vartanian (“Arsen”) and AV Automotive, Inc. (“AVA”) against Defendan t Vahak Vartanian dba Vartanian on Wheels and VOW Automotive ( “Vahak”). Following consecutive demurrers, the operative second amended complaint (“SAC”) was filed on Septembe...
2024.02.23 Demurrer, Motion to Stay 178
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...ative action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff alleges she worked for Defendants as a non- exempt Parts Sales Manager from 2019 to 2022. (Compl., ¶10.) On August 3, 2023, Plaintiff filed her PAGA action alleging violatio ns relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) final pay; (6) wage statement requirements; (7) reimbursements; (8) vacation pay; and (9) the provision of a...
2024.02.20 Motion for Leave to File Complaint 500
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.20
Excerpt: ...tion of Emotional Distress. Kassing provides a noticed motion, declaration of counsel, Declaration of Cesar Olvares (“Olvares”) (Exhibit A), points and authorities, and a copy of the proposed cross -complaint. These causes of action must be raised by cross -com plaint as failure to plead them will bar defendants from asserting it in any later lawsuit (The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 6 -D, § 6:511 [citing CCP §4...
2024.02.20 Demurrer 539
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.20
Excerpt: ...gence o n conclusions versus the ultimate fact. To plead negligence, the plaintiff must allege (1) legal duty, (2) breach of the legal duty, (3) causation, and (4) damages. (Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 213.) An NIED claim is a general neglig ence claim. (Burgess v. Superior Court (Gupta) (1992) 2 Cal.4th 1064, 1072; Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790, 796, fn. 4.) It is analyzed under either a byst...
2024.02.16 Motion to Dismiss 995
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.16
Excerpt: ...ROUND On June 15, 2021, Plaintiff Omar Muro filed his complaint in Case No. CIVSB2116995 against multiple defendants, including LGMK Engineering, Inc. d/b/a/ Hadley Engineering [esa “Thomas Hadley d/b/a Hadley Engineering”]. In his complaint, whic h includes causes of action 23 for negligence and premises liability, Muro alleges the defendants were negligent in relation to the design and construction of a building, which resulted in the coll...
2024.02.16 Demurrer 453
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.16
Excerpt: ...rucki ng Health Benefit, et al. Respondent(s): Plaintiff THC -Orange County, LLC Case No. CIVSB2305453 CASE BACKGROUND This is a breach of contract litigation by Plaintiff THC Orange County (“Plaintiff”) against Defendants Gardner Trucking Health Benefit P lan, et al. (collectively “Defendants”). Complaint. On February 2, 2023, Plaintiff filed its Complaint alleging the (1) Breach of Written Contract; (2) Fraudulent Misrepresentation; ...
2024.02.16 Demurrer 152
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.16
Excerpt: ...�led its initial Complaint against Prefab Granite & Tile Depot, Inc. (Prefab) and Zabi Kader (collectively, Defendants). On June 1, 2023, Defendants filed a Demurrer to that Complaint's secon d cause of action for intentional interference with prospective economic advantage and the third cause of action for negligent interference with prospective economic advantage. Rexford failed to oppose the Demurrer. At the July 11 27, 2023 hearing on the De...
2024.02.15 Motion to Compel Compliance with Order 249
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.02.15
Excerpt: ...e untimely so the objections were stricken but the responses remain. (Aiso Decl. at ¶5, Exh. A; Bergerson Decl. at p. 2:7 -24; 10/5/23 Minute Order.) Since no documents were produced, Plaintiffs Taylor and El la move to compel compliance with the October 5, 2023 Order (“10/5/23 Order”). Defendant Avis opposes. Plaintiffs Taylor and Ella reply. DISCUSSION Plaintiffs are seeking an order to compel Avis to produce documents per the 10/5/23 Orde...
2024.02.14 Demurrer 950
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.02.14
Excerpt: .... He died (¶¶6163, 65, 67-70, 76). Defendant Sigma demurs to the 1st - 3rd causes of action. Plaintiff Michalski opposes. Defendant Sigma replies. DISCUSSIONS Judicial Notice Defendant Sigma requests judicial notice of two Superior Court ruling s from Los Angeles Superior Court and Sacramento Superior Court (Exhs. 1 -2). The Court DENIES the request as no applicable ground exists to judicially notice a superior court ruling. Analysis Procedural...
2024.02.13 Motion for Determination of Good Faith Settlement 605
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.13
Excerpt: ...nt since Foldcraft was the designer and manufacturer of the booth Plainti¯ was seated on before the incident occurred. Foldcraft does not dispute that it designed and manufactured the wall mount booth, but contends the table at issue was not a Foldcraft product. At the time of this Þling, no parties have been able to identify the designer or manufacturer of the table (as opposed to the booth). Foldcraft's general commercial liability insurance...
2024.02.13 Demurrer 124
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.02.13
Excerpt: ...“Rodriguez”) stood in ront o Plainti¯s o¯ice doorway e¯ectively blocking it as Plainti¯ tried to exit. When Plainti¯ asked Rodriguez to move, he laughed and asked her, “Tienes miedo?” which translates to “Are you araid?” Plainti¯ replied, “Araid o what?” as she stepped back and asked Rodriguez to move again so she could exit. Not moving away rom the door Rodriguez replied, “Dejame darte una nalgada con esos pa...
2024.02.13 Motion for Preliminary Approval of Class Action Settlement 331
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.13
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 plainti¯s case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount o...
2024.02.13 Motion for Final Approval of Class Action Settlement 742
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.13
Excerpt: ...n November 2, 2020, Plainti¯ sought to represent all non-exempt current and former employees in California during the stator period. Plainti¯ served the LWDA with a notice of violations, and Þled a 3 Private Attorneys General Act (PAGA) complaint on January 11, 2021. The two matters were consolidated on November 15, 2021. After commencing litigation, the parties informally exchanged policy and payroll documents and other information su¯ici...
2024.02.13 Motion for Judgment on the Pleadings 697
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.13
Excerpt: ...corporation; v. VAHAK VARTANIAN, an individual doing business as Vartanian on Wheels and VOW Automotive; and DOES 1 through 35, inclusive. VAHAK VARTANIAN, an individual v. 3 ARSEN H. VARTANIAN, an individual; EDGAR PORTILLO, an individual; and ROES 1-20, inclusive. Motion: Motion to Strike and Demurrer to Cross-Complaint Movant: Cross-Defendants Arsen H. Vartanian and Edgar Portillo Respondent: Cross-Complainant Varak Vartanian Case No. CIVSB221...
2024.02.13 Motion for Summary Judgment, Adjudication 504
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.13
Excerpt: ...retention and supervision. Alternatively, Sta¯mark motions under section 437c(f) of the Code of Civil Procedure for summary adjudication, alleging the two causes of action are without merit. The Complaint's General Negligence Cause of Action “The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment.” (Lisa M. v. Henry Mayo New...
2024.02.08 Demurrer 006
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.08
Excerpt: ...y-one days after receipt of his right-to-sue letter from the EEOC and thus, the instant action under federal law would be barred under the applicable statute of limitations. The Complaint's Þrst, second, third and fourth Causes of Action Under Title VII The running of the statute must appear “clearly and a¯irmatively” on the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. S...
2024.02.07 Motion to Compel Further Responses, for Sanctions 197
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.02.07
Excerpt: ...opposition. Plainti¯ Derek Þled a joint reply. Analysis Procedurally, the parties met and conferred. (Walton Decl. at ¶¶3b-4b, 5-6, Exhs. DG.) Furthermore, the motions are timely in light of the granted 2-week extension. (Walton Decl. at ¶4b, Exh. E.) Substantively, the Þrst issue is the lack of veriÞcations from Defendant ZamÞr. To RFAs #39, 46, 52- 53, and 61-63, ZamÞr either admitted or denied the RFA, and to RFAs #45, 47-48, 57, & 5...
2024.02.07 Motion to Compel Arbitration and Strike Class Claims, for Joinder 354
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.07
Excerpt: ... a wage-and-hour class action. Plainti¯ alleges he worked or Deendants Changing Lives Sta¯ing (a sta¯ing company) and Nongshim (a ood manuacturing company) as a non-exempt employee until December 10, 2022. On May 11, 2023, he Þled suit seeking to represent all similarly situated non-exempt, hourly employees working or D e e n d a n t s i n C a l i o r n i a d u r i n g t h e s t a t u t o r y period. His suit alleges violations rela...
2024.02.07 Motion for Protective Order 470
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.02.07
Excerpt: ...“Ford”). (Complt. ¶15.) The vehicle allegedly incurred defects and nonconformities and was delivered to Fords repair facility, Defendant Ford of Upland, LLC (hereinafter, “Upland Ford”) for repair, but neither Ford nor Upland Ford (hereinafter, collectively, “Defendants”) were able to conform the vehicle to the warranty terms after a reasonable number of attempts. (Id. at ¶¶ 16-19, 41-43.) Ford also allegedly failed to repurchase ...
2024.02.07 Demurrer 015
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.07
Excerpt: ...Plainti¯ renders this part of the Demurrer moot. Page | 2 1) Whistleblower Argument – 4th cause of action (Retaliation) The second theory asserted in the 4th cause of action for Retaliation, is that Plainti¯ was retaliated against for her whistleblowing activities, citing Labor Code, section 1102.5 in ¶81 of the Complaint. In ¶79, Plainti¯ alleges: Defendants Liberty and Independence, acting through Lashley, whom they had given de facto...
2024.02.06 Motions for Final Approval of Class Action Settlement 540
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.06
Excerpt: ...emoval. A certiÞed copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case. (28 U.S.C. § 1447(c) [emphasis added].) 3 add two additional representative plainti¯s2 and to allege class claims for (1) wage violations; (2) wage statement violations; (3) waiting time penalties; (4) failure to reimburse; (5) FLSA minimum wage violations; (6) unfair competition in...
2024.02.02 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.02
Excerpt: ...y of their burden. It is still the moving party's burden to prove he or she is entitled to judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743-745; FSR Brokerage, Inc. v. Superior Court (Blanco) (1995) 35 Cal.App.4th 69, 73-74, fn. 4.) Page | 2 Request for Judicial Notice Best asks to the Court to take judicial notice of the following pursuant to Evidence Code, sections 452 and 453 (without further clariÞcation). “Judicial notice is th...
2024.02.01 Motion for Final Approval of Class Action Settlement 721
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.01
Excerpt: ...s; (3) meal periods; (4) rest breaks; (5) Þnal pay; 5 (6) wage statements; as well as for (7) violation of the unfair competition law. Plainti¯ also sent a letter to the LWDA in order to perfect her Private Attorneys General Act (PAGA) claim, and on August 17, 2022, she Þled a First Amended Complaint (FAC) to add an additional cause for (8) civil penalties available pursuant to PAGA. On April 12, 2023, Plainti¯ Þled a Second Amended Compla...
2024.02.01 Motion to Compel Deposition 047
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.02.01
Excerpt: ... Amy Chacon Þled this sexual harassment action against her landlord, Defendant Rajbir S. Husson. Plainti¯'s o p e ra t i v e F i r s t Amended Complaint (FAC), Þled February 10, 2023, includes six causes of action: (1) sexual harassment/discrimination 4 (Gov. Code, §12955); (2) violation of Civil Code section 51.9; (3) violation of the Unruh Act (Civ. Code, §§51, 52); (4) assault; (5) battery; and (6) intentional inßiction of emotional di...
2024.02.01 Motion for Summary Judgment 146
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.02.01
Excerpt: ...ehalf of Arthur Lozano (“Arthur”). The complaint alleges that as a result of the negligence of the Defendants, Karen was rendered neurologically impaired and no longer able to care for herself, work or support her family. The Complaint alleges, prior to and on April 22, 2021, Karen was evaluated for complaints of pain relating to her cervical spine. She was admitted to Victor Valley Global Medical Center (“Victor Valley” or “VVGMC”) b...
2024.02.01 Motion to Compel Further Deposition Responses 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.01
Excerpt: ...respond to Question 5. She is also ordered to serve an objection-free response to RFP 6 within Þfteen (15) days. However, she need not respond to RFP 14. The Court would further GRANT sanctions. Plainti¯ will pay Defendant JBGC $1,500, within thirty (30) days. 3 Relevant Facts This matter is, in essence, an emotional distress claim. After Plainti¯s' minor daughter passed, they sought casket and funeral services from Defendants. They allege t...
2024.01.31 Motion to Compel Further Responses, for Sanctions 702
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.31
Excerpt: ...omponent repair codes (No. 39). Plainti¯s also seek, without any limitation, documents su¯icient to show all customer complaint codes from 2018 to present (No. 40), and operation codes provided to authorized dealerships from 2018 to present (No. 41). GM responded with objections, including the requests seek conÞdential, proprietary, and trade secret information, and stated that no documents will be produced. The Court denies the motion to RF...
2024.01.31 Motion for Order that No Discretionary Stay be Issued 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.31
Excerpt: ...ntive programs to lower their tax burdens. It asserts that it maintained trade secret, proprietary, and conÞdential systems to further its business. It further alleges that it hired Defendant Gan on April 9, 2018, via a Membership Admission Agreement and that, despite contractual obligations to maintain the conÞdentiality of those systems, Defendant Gan accessed and copied company Þles and secretly applied for employment at Specialty Tax Group...
2024.01.31 Demurrer 405
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.31
Excerpt: ...te demur on the grounds of Code of Civil Procedure section 430.10, subdivision (c). This provision provides a demurrer lies when another action is pending between the same parties on the same cause of action. (Code Civ. Proc., §430.10, subd. (c); Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 [“Plant Insulation”].) If the Court sustains a demurrer under this subsection, the proper order is not dismissal, but abatemen...
2024.01.30 Motion to Stay Action 261
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ... action. Plainti¯ alleges a variety of wage-and-hour violations which allegedly occurred during his employment for Defendant. On January 25, 2019, Defendant removed this matter to the federal District Court. On June 11, 2019, Plainti¯ Þled his operative First Amended Complaint (FAC), which alleges violations relating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) Þnal pay; (6) maintenance of required record...
2024.01.30 Motion to Quash Service of Summons 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ...hicle was sold to Defendant Kheterpal and that he was not paid any portion of the sales price. He alleges that he did not learn of the sale until midFebruary 2021. Despite promises to pay, he alleges the sales money was never provided. On that basis, he reported the vehicle stolen on March 1, 2021. The vehicle was thereafter retrieved at Defendant Kheterpal's residence. Plainti¯ asserts damage while in Kheterpal's possession and necessary repai...
2024.01.30 Motion to Deem RFAs Admitted, for Issue, Evidence, Monetary Sanctions 479
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.01.30
Excerpt: ...llenge to the correctness of the order itself, but Spring Valley's proper course would have been to seek appellate review of the order. (Code Civ. Proc., § 904.1, subd.'s (a)(11)-(12) and (b).) The purported erroneous nature of the order does not excuse a failure to obey with its terms. (Marriage of Niklas (1989) 211 Cal.App.3d 28, 34-35.) The RFA No.'s 79-80, 82-83, 85- 86, 88-89, 91-92, 94-95, 97-98, 100-101, 134, 136, 140, 154, 191, and 296 A...
2024.01.30 Motion to Consolidate Cases 911
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ... actions. In the Ruiz matter, the proposed class includes all of Defendant Bright Sky's hourly, non-exempt employees for statutory period of four years prior to Þling. Ruiz Þled suit on August 15, 2022, alleging violations related to (1) minimum wages; (2) overtime; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) Þnal pay; (7) wage statements; as well as claims for (8) violation of the unfair competition law, and (9) civil penalties...
2024.01.30 Motion to Compel Further Responses 495
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.01.30
Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti¯'s further responses to form interrogatories, special ...
2024.01.30 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.30
Excerpt: ...ainty. First Cause o Action – Inverse IndemniÞcation Page | 2 An inverse condemnation claim arises when “there [is] an invasion or an appropriation o some valuable property right which the landowners possesses and the invasion or appropriation must be directly and specially a¯ect the landowner to his injury.” (Border Business Park, Inc. v. City o San Diego (2006) 142 Cal.App.4th 1538, 1548.) A claim or inverse condemnation requires t...

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