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2024.01.30 Demurrer 448
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.30
Excerpt: ...d because of the negligence of defendants Ontario Mills L.P., Simon Property Group, Interstate Cleaning Corporation, National Janitorial Solutions, Inc., and Marc Smith. Odeh then commenced suit against the defendants on June 23, 2023, alleging that each of the defendants negligently owned, maintained, managed, and operated the property. The form-complaint has two attachments outlining claims for premise liability and general negligence. However,...
2024.01.30 Demurrer 248
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.30
Excerpt: ...ollectively, Defendants) on March 20, 2023. Plainti¯ Þled his First Amended Complaint (FAC) on April 19, 2023, alleging seven causes of action: (1) elder abuse; (2) fraud; (3) unfair, fraudulent, and Unfair Business Practices Act- Cal. Bus. & Prof. Code Section 17200 et. seq.; (4) 7 undue inßuence; (5) intentional inßiction of emotional distress; (6) violation of California Business and Professions Code and (7) violation of the California We...
2024.01.29 Motion to Strike 600
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.01.29
Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti¯s Shadwick, e...
2024.01.29 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.29
Excerpt: ...ponse to Supplemental Special Interrogatories as to Kelsea Moscatel Movant: Defendant Best Buy Stores, L.P. Respondents: Plainti¯s Cole and Kelsea Moscatel Page | 2 The Motions to Compel Further SRog Responses An overview of the law A motion to compel further responses is available when the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers....
2024.01.29 Demurrer 092
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.01.29
Excerpt: ...onal distress; (4) breach of express and implied covenant of quiet enjoyment; (5) negligent violation of statutory duties; and (6) violation of Business and Professions Code section 17200 et seq. Plainti¯s allege Defendant is the owner of real property located at 14231 Petaluma Court in Victorville, California (the Property). Plainti¯s allege during an undisclosed time in which Plainti¯s occupied the Property, Defendant breached the implied...
2024.01.25 Special Motion to Strike 299
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.01.25
Excerpt: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...
2024.01.25 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.25
Excerpt: ...Civ. Proc., S 2031.310.) This Page | 3 motion can be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., S 2031.310, subd. A motion for an order compelling further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., S 2031.310, subd. (b)(l); Ki...
2024.01.25 Motion for Summary Judgment
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.25
Excerpt: ...1-50, inclusive Motion(s): Motion for Summary Judgment Movant(s): Defendants and Cross-complainants Ahmad Salamah, individually and dba A&A Auto Sales Respondent(s): Plaintiffs Mario Lalama and Noemi Lalama Discussion Analysis The undisputed Material Facts. Defendants submit 13 undisputed material facts (UMFs). In sum, the parties agree that this lawsuit arises out of an accident that occurred on June 26, 2019 in which Mario Lalama was driving hi...
2024.01.24 Motion to Compel Arbitration 096
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.24
Excerpt: ...for a remodel project, Specialty Builders, Inc. ("Specialty Builders"). This case was filed on September 5, 2023, after Specialty Builders filed its own action against Guerra, for Breach of Contract and Foreclosure of Mechanic's Lien, and asking for Arbitration under the Contract (Case No. CIVSB 24 2319301; Dept. S14). There have been notices of related cases filed in each department and the cases have been deemed related by each Court. The relat...
2024.01.24 Motion to Compel Arbitration
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.24
Excerpt: ...provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties ...
2024.01.24 Demurrer, Motion to Strike 149
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.24
Excerpt: ...fendant American Honda Motor Co., Inc., alleging the following causes of achon: (1) violation of SongBeverly Act — Breach of Express Warranty; and (2) fraudulent inducement-concealment. Plaintiffs' Complaint arises out of their purchase of a new 2018 Honda Odyssey on June 30, 2017. They entered -nto an express warranty, which covered repairs or defects of covered parts for 36 months or 36,000 miles and of the powertrain for 60 months or 60,000 ...
2024.01.22 Motion for Final Approval of Class Action Settlement 313
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.22
Excerpt: ...reaks; (4) minimum wages; (5) final pay; (6) untimely pay; (7) wage statements; (8) recordkeeping; (9) reimbursements; as well as (10) violation of the unfair competition law. Later, and separately, Plaintiff Navarro filed his own wage- and-hour complaint on December 14, 2021, alleging the same causes of action. On September 28, 2022, the matters were consolidated pursuant to stipulated order. After commencing litigation, the parties informally e...
2024.01.22 Motion for Preliminary Approval of Class Action Settlement 782
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.22
Excerpt: .... 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 offered in settlement, the e...
2024.01.18 Motion for Good Faith Settlement 194
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.18
Excerpt: ...REZ, an individual; ERIK REYES, an individual; HUGO RAMIREZ, an individual; DOES 1 to 100, inclusive. Defendants. MIRNA DEYSI CERRITOS FLORES, a nominal defendant; DAVID ENRIQUE FLORES, a nominal defendant; EVIS FLORES, a nominal defendant; HEIDI LIZZETH FLORES, a nominal defendant; and ROES 1 to 30, inclusive. Nominal Defendants. Motion: Good Faith Settlement Movant: Defendant Manuel Ray Gutierrez Respondent: Goodyear Tire & Rubber Company and H...
2024.01.18 Motion for Final Approval of Class Action Settlement 171
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.18
Excerpt: ...ve wage- and-hour class and PAGA representative achon on November 7, 2019. The allegations at issue include violations relating to (1) meal periods; (2) rest breaks; (3) minimum and overtime wages; (4) accurate wage statements; (5) waiting time penalties; as well as (6) violations of the unfair competition law and (7) civil penalties pursuant to PAGA. The Gutierrez matter additionally sought declaratory relief. After commencing litigation, the pa...
2024.01.18 Demurrer 398
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.18
Excerpt: ...o buy real property in Bloomington from Audrey Ray Espinoza, as Trustee of the Frank D. Ray Family Living Trust dated May 16th, 2014 (Espinoza). However, after escrow was opened, Espinoza agreed to sell the property to Cortez Property Management LLC 4 (Cortez). As a result, KCI commenced suit on October 13, 2022, against Espinoza and Cortez. In response to the lawsuit, and on April 17, 2023, Espinoza answered and filed a crosscomplaint against mu...
2024.01.17 Motion to Compel Production of Docs 181
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.17
Excerpt: ...er 2, 2019. He alleges the subject vehicle had a defective transmission, and the defects manifested after the purchase. Despite taking it in for repairs, Plaintiff alleges that Defendant could not repair or remedy. On that basis, Plaintiff filed his initial complaint on August 26, 2023. The current operative Second Amended Complaint (SAC) was filed on May 31, 2023, following a demurrer, and alleges (1) breach of express warranty under the Song-Be...
2024.01.16 Motion to Quash Subpoena 478
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.16
Excerpt: ... Case Summary This is a post-judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. There are currently two hearings set for the examination of Defendants as judgment debtors. Relevant here, on November 7, 2023, Judgment Creditor issued numerous subpoenas for production of business records, mostly to financial institutions. (Walker Decl., 94.) On November 21, 2023, Defendants' counsel se...
2024.01.16 Motion to Quash Deposition Subpoena 278
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.16
Excerpt: ...storage unit door at Defendant's storage facility on December 22, 2021. As such, on May 18, 2022, he filed suit against Defendants for (1) negligence; (2) premise liability; and (3) product liability. Relevant here, on September 26, 2023, Defendants StoreAmerica and Guardian issued a deposition subpoena to Dr. Fardad Mobin, seeking to depose the doctor on October 25, 2023 on the following areas of inquiry: (1) custom and practice for medical lien...
2024.01.16 Motion to Compel Arbitration 898
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.16
Excerpt: ...gainst defendants, Asurion, LLC (Asurion), Christian Lopez, and Does 1 through 30 alleging 21 causes of acton. The alleged causes of action are as follows: 1) Discriminaton Based on Physical Disability; 2) Failure to Accommodate Actual or Perceived Physical Disability; 3) Failure to Engage in Good Faith Interactve Process; 4) Harassment — Hostile Workplace Environment; 5) Intentional Infliction of Emotional Distress; 6) Negligent Hiring, Superv...
2024.01.16 Motion to Bifurcate 744
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.16
Excerpt: ...AL BACKGROUND on March 12, 2019, Maribel Leon, Carlos Anthony Leon, Alejandro Leon, David Rodriguez, Nathalia Guadalupe Leon and Alonda Jackeline Leon (collectively, Plaintiffs) 15 filed this action against Thomas William Campbell (Campbell) and the County of San Bernardino (County). Plaintiffs' complaint includes a cause of action for negligence against Campbell and a cause of action for dangerous condition of public property against the County....
2024.01.16 Motion for Preliminary Approval of Class Action Settlement 152
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.16
Excerpt: ...air, 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 likely duration of further liti...
2024.01.12 Motion for Judgment on the Pleadings 897
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.12
Excerpt: ...FAC) alleges causes of action for (1) violation of Education Code secton 200; (2) violation of the Bane Act; and (3) declaratory relief. The FAC alleges Defendant discriminated against Plaintiff by unreasonably denying his request for a religious exemption from Defendant's COVID- 19 vaccine mandate. (Complaint, 91.) On November 6, 2023, Defendant filed the instant motion for judgment on the pleadings as to the first cause of action Defendant argu...
2024.01.11 Motion to Vacate Renewal of Judgment 046
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2024.01.11
Excerpt: ...hat Defendant Mays has not established any legal basis to vacate the judgment. Under Code Civ. Proc. S 683.170, subd. (a), "[t]he renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years...
2024.01.11 Motion for Final Approval of Class Action Settlement 620
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.11
Excerpt: ...t breaks; (5) final pay; as well as (6) violation of the unfair competition law. The FAC adds causes of action for (7) failure to provide accurate, itemized wage statements; as well as (8) civil penalties pursuant to the California Private Attorneys General Act (PAGA). The Court deemed that FAC as filed on September 6, 2023. The proposed settlement would have Plaintiff represent all current and former non-exempt employees working for Defendant in...
2024.01.10 Motion to Compel Arbitration 924
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.01.10
Excerpt: ...tiff experienced various defects that substantially impair the use, value and/or safety of the Subject Vehicle. (Complaint '1 6.). It is also alleged that the defects violate the express written warranties issued to Plaintiff by Defendant manufacturer, as well as the implied warranty of merchantability. (Complaint 7.) The Plaintiff's operative Complaint alleges four causes of action against Defendant: (1) Breach of Written Warranty Pursuant to th...
2024.01.10 Motion for Final Approval of Class Action Settlement 952
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.10
Excerpt: ...2/31/20); (3) Flowers v. unica' Aviation, Inc. (CIVSB2108699, filed 3/30/21); and, the Flowers companionate claim to recover attorneys' fees for an abandoned arbitration, (4) Flowers v. Unical Aviation, Inc. (CIVSB2106366, filed 5/27/21). In essence, these cases allege: (1) Unpaid overtime; (2) meal period violations; (3) rest period violations; (4) unpaid minimum wages; (5) final pay violations; (6) untimely pay; (7) inaccurate payroll records; ...
2024.01.09 Demurrer, Motion to Strike 350
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.01.09
Excerpt: ...), but made no other substantive changes to the filing. The Plaintiff's First Amended Complaint (FAC) alleges Plaintiff consulted with Defendants as to her medical and cosmetic concerns. Plaintiff was to receive a neck lift, laser skin resurfacing treatment and platelet-rich plasma therapy on her scalp to promote hair growth. The FAC further alleges that, subsequent to the procedures, Plaintiff experienced pain and discoloration to her lower face...
2024.01.08 Motion to Strike 097
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.08
Excerpt: ...n), San Bernardino County (County of San Bernardino), and San Bernardino County Sheriff's Department. On September 18, 2023, the Court (Judge Keh) sustained a demurrer to the original complaint with leave to amend. The Court also took a concurrently filed moton to strike punitive damages off calendar as moot. On September 25, 2023, Plaintiff filed his operative first amended complaint (FAC) alleging causes of achon for (1) negligence; and (2) bat...
2024.01.08 Motion for Summary Judgment, Adjudication 596 (2)
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.08
Excerpt: ...0596 CASE BACKGROUND This litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, LP. [col...
2024.01.08 Motion for Summary Judgment, Adjudication 596
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.08
Excerpt: ...litigation arises out of the fallout in the purchase of commercial property with misappropriation of confidential work product. On July 12, 2019, Plaintiffs Adrian Comstock ("Adrian"), Comstock Realty Partners, LLC ("CRP"), and Comstock Realty Partners l, LLC ("CRP l") [collectively "Comstock"] filed their Complaint against Penwood Real Estate Investment Management, LLC and Penwood Select Industrial Partners VI, L.P. [collectively "Penwood"l. Wit...
2024.01.08 Motion for Summary Judgment 676
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.08
Excerpt: ...ok and account stated. Defendant filed an answer with a general denial on June 22, 2023. This motion followed on September 14, 2023. No opposition has been filed. Summary of the Law Summary judgment is proper where there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c(c).) The analysis requires three steps: First, the court must identify of the issues framed wit...
2024.01.08 Demurrer 440
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.08
Excerpt: ... to constitute a valid cause of action pursuant to Code of Civil Procedure sectons 430.10, subdivision (e). Sufficiency of Factual Allegations: Ford argues that Plaintiffs' cause of action for violation of Business and Professions Code section 17200 et seq. (LJCL) is inadequately pled because they do not provide any factual allegations to support their claim that Ford's "business practices" are unfair, unlawful, or fraudulent under Business and P...
2024.01.05 Motion to Compel Arbitration 276
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.05
Excerpt: ...jections are OVERRULED. As to the Motion for Joinder: The Court would GRANT ABP's motion for joinder. As to the Motion to Compel Arbitration: The Court would GRANT the motion to compel arbitration of Plaintiff's Eighth through Thirteenth Causes. The Court would STAY the remainder of the action (First through Seventh Causes) pending completion of arbitration. Case Summary This is largely a disability discrimination and wrongful termination case. I...
2024.01.05 Motion for Preliminary Approval of Class Action Settlement 332
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.05
Excerpt: ...trate 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.) 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 ...
2024.01.03 Motion for Relief from Stay 301
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.03
Excerpt: ...as well as (9) violation of the unfair competition law. The complaint alleged a class of hourly, non-exempt employees working as service representatives, tellers, and related positions. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, on September 13, 2022, Defendant moved to compel arbitration as to the individual a...
2024.01.03 Motion to Compel Production of Docs 348
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.03
Excerpt: ...ailed to repurchase the vehicle. At issue today is Plaintiff's motion to compel further responses to his request for production of documents. On July 7, 2023, Plaintiff propounded the initial set of written discovery, which includes the Request for Production of Documents ("RFP") at issue. Plaintiff sought documents regarding his vehicle (RFPs ## 1-15), KIA'S policies and procedures for handling Song-Beverly Act cases (RFPs 16-23), KIA'S warranty...
2024.01.03 Motion to Seal Confidential Docs
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.03
Excerpt: ...filed a complaint, alleging a single cause of action for medical malpractice. Statement of the Law California Rules of Court, rules 2.550 and 2.551, discuss sealing court records. A court order is required to seal a record. (Rules of Court, rule 2.551(a).) Code of Civil Procedure, secton 124, and Rules of Court, rule 2.550(c), set the basic policy presumption that "the sittings in every court shall be public" and court records are "presumed to be...
2024.01.03 Motion to Strike 607
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.03
Excerpt: ...Cal.App.2d 366, 370-371 states: A moton to strike a complaint is permitted under section 435 of the Code of Civil Procedure, which provides in relevant part that "The defendant, within the time required in the summons to answer, ... may serve and file a notce of motion to strike the whole or any part of the complaint.... If defendant serves and files such a notice of moton without demurring, his time to answer the complaint shall be extended... (...
2024.01.03 Motion to Strike Punitive Damages 599
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.01.03
Excerpt: ...atment. Plaintiff's complaint includes four causes of action: (1-2) breach [and intentional breach] of warranty of habitability; (3) premises liability; and (4) negligence. Now at issue is Defendants' moton to strike Plaintiff's punitive damages claims. Plaintiff filed a timely opposition. Defendants filed a reply (two days late). This motion was initially scheduled for hearing on November 13, 2023. However, on November 8th, the Court (Judge Keh)...
2024.01.02 Motion to Strike 233
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.02
Excerpt: ...se for Invasion of Privacy, against the District. The Court would OVERRULE as to the First Cause for Intentional Infliction of Emotional Distress (IIED). As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike is rendered MOOT. Defendant District will file its Answer within thirty (30) days and provide notice of the final ruling in this matter. Case Summary At essence, this is a putative class ...
2024.01.02 Demurrer to FAC 731
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.02
Excerpt: ...cted categories. Plaintiff Vasek further contends he was denied protected leave. Plaintiff Pellis alleges he was subjected to comments about his sexual orientation, race, and national origin. Plaintiffs further allege that they were retaliated against for their complaints. As a result, they filed suit against Defendant City on December 1, 2022. The operative first amended complaint (FAC) was filed as a matter of right on May 17, 2023. The FAC con...
2023.12.29 Motion to Compel Arbitration 276
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.29
Excerpt: ...s employer's representatives subjected him to racial slurs and comments and that he was denied raises and promotions. He further alleges that his employer failed to accommodate his disability. Finally, he alleges that he was subjected to a number of wage-and-hour violations, including but not limited to denial of meal and rest periods. On May 27, 2021, he filed a complaint alleging (1) disparate treatment; (2) racial discrimination; (3) disabilit...
2023.12.28 Motion to Strike 349
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.28
Excerpt: ... (UDFS 1804483), Hermenegildo Vicente (Decedent) alleged Vanessa Vasquez and Fidencio Vicente (collectively, Plaintiffs) failed to pay rent for the Premises. Six days later, Plaintiffs commenced a civil achon (CIVDS 1820349) alleging causes of action for: (1) declaratory relief; (2) quiet title; (3) injunctive relief; and (4) willful misconduct. The actions were consolidated and the unlawful detainer action was stayed.l Plaintiffs, along with Ber...
2023.12.28 Motion for Preliminary Approval of Class Action Settlement 131
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.28
Excerpt: ...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 likely duration of further litigation, the risk of maintaining class action status through trial, the amount ...
2023.12.27 Motion to Compel Production of Docs 895
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.27
Excerpt: ... head into the pavement, and caused injuries. As a result, Cervantes filed suit on July 21, 2022 against Stater Bros. for (1) respondeat superior liability, (2) battery, (3) assault, (4) false imprisonment, (5) excessive force, (6) negligent hiring, retention, and supervision, (7) negligence, (8) negligent infliction of emotional distress, and (9) intentional infliction of emotional distress. In response to the lawsuit, Stater Bros. denied the al...
2023.12.21 Motion for Leave to File Complaint 488
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.12.21
Excerpt: ...l injury action on August 22, 2022, and the summons was issued and filed on October 6, 2022. The complaint was served on defendant on January 21, 2023. Defendant's answer was filed March 15, 2023. The defendant now seeks leave to file and serve a Crosscomplaint for indemnity, contribution and declaratory relief. Ostensibly, Defendant/crosscomplainant Rodriguez is seeking indemnity or contribution from plaintiff/Cross-Defendant Keren Fiore in the ...
2023.12.21 Demurrers, Motion to Strike 325
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.12.21
Excerpt: ...nst Cross-Defendant Modernize: (1) breach of contract and (2) breach of covenant of good faith and fair dealing. Cross-complainant also prays for "punitive damages according to proof". Cross-Defendant demurs to both causes of action and moves to strike the punitive damage prayer. Demurrer to First Cause of Action — Breach of Contract: The basis of the Cross-Defendant's demurrer to the first cause of action is that Crosscomplainant failed to att...
2023.12.20 Motions to Compel Responses 476
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.20
Excerpt: ...tiff in the amount of $2,000 ($1,000 per unopposed motion). Sanctions are payable within thirty (30) days. Case Summary This is a medical malpractice case. Plaintiff alleges that on November 18, 2018, she was a patient at Defendant Hospital. She alleges that Defendant was negligent in her care and that, as a result, she suffered severe and permanent injuries, as well as mental anguish. As a result, on or about August 16, 2019, Plaintiff filed a c...
2023.12.18 Motion for Attorney Fees for Time Actually Expended 446
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.18
Excerpt: ...te being accompanied by express and implied warranties, the vehicle was delivered with serious defects to its engine, CVT warning lights, starter system, and it lost power, among other problems. The vehicle's manufacturer and/or distributor, Nissan North America, Inc. (Nissan), through its authorized repair facility, was unable to fix the vehicle. On January 6, 2022, Plaintiffs commenced the instant action against Nissan and Metro Nissan (collect...

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