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2023.12.18 Motion for Attorney Fees 350
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.18
Excerpt: ...Plaintiff purchased a 2014 Ford Flex on February 19, 2015. (Complt. '19.) Plaintiff alleged that Defendant is the manufacturer, who promised to main the utility and performance of Plaintiff's vehicle, or, in the alternative, compensate Plaintiff if there was a failure. (Complt. "17.) Plaintiff further alleged that the car had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty inclu...
2023.12.18 Demurrer, Motion to Strike to SAC 697
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.18
Excerpt: ...repair the vehicle within a reasonable number of attempts. GM also allegedly failed to provide a replacement or restitution. As a result, Vazquez commenced suit against GM on October 12, 2022, for (1) breach of express warranty under the Song-Beverly Act (the Act); (2) breach of the implied warranty of merchantability under the Act; (3) violation of section 1793.2 of the Act, which dictates when repairs must be commenced and completed; and (4) fr...
2023.12.14 Motion to Compel Further Responses 731
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.14
Excerpt: ...ent. If necessary, a privilege log must be provided to document documents withheld due to asserted privilege and confidential third-party information would be redacted. Further, the City will provide documents responsive to No. 65, limited to council minutes involving Green, Affrunb, Goodman and Elliot that relate to discrimination, harassment, and retaliation since 2013 to present. Finally, the City will respond to No. 68, limited to documents t...
2023.12.14 Motion for Protective Order 600
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.14
Excerpt: ...tisfied. Protectve order. Code of Civil Procedure section 2030.050 requires any party propounding more than 35 special interrogatories to any other party to attach a declaration justifying the number of interrogatories. The supporting declaration must justify exceeding 35 interrogatories for one of three reasons: (1) the complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party ent...
2023.12.14 Demurrer, Motion to Strike FAC 594
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.14
Excerpt: ...icle") from Mountain View Chevrolet, Inc., an authorized retail dealership, repair facility, agent, and representative of GM (hereinafter, "Dealership"). (FAC. 94.) Plaintiff alleges the Subject Vehicle was equipped with a "defective Hydra-Matc 8L90 transmission," which has been "marred with a myriad of issues and defects," that GM has failed to identify a root cause for. (Ibid.) Plaintiff purchased the Subject Vehicle pursuant to "an express wri...
2023.12.12 Motion to Compel Deposition of PMQ 775
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.12
Excerpt: ...t demands, as no separate statement was timely filed. Finally, the Court would GRANT sanctions in the amount of $2,328.20, payable within thirty (30) days. Relevant Facts This is a lemon law case. Plaintiff alleges she purchased the subject vehicle in April of 2021. The vehicle purportedly had various defects including but not limited to stalling, not starting, engine knocking, and issues with the check-engine light. Despite being covered by expr...
2023.12.12 Motion for Summary Judgment 947
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.12
Excerpt: ...c. on March 17, 2023. (See Order filed by Judge Frangie on 3/17/23.) Plaintiff alleges that, in 2006, it entered into a 10-year lease agreement with Frogurt Empire for the lease of commercial property at Victoria Gardens in Rancho Cucamonga. In 2015, they entered into a First Amended Lease, which extended the 10-year lease period by six years. In 2017, Plaintiff and Defendants entered into an Assignment, Assumption and Consent Agreement in which ...
2023.12.12 Motion for Preliminary Approval of Class Action and PAGA Settlement 551
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.12
Excerpt: ...p.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 offere...
2023.12.11 Motion to Enforce Automatic Stay 609
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.11
Excerpt: ..., who were fourteen or older, were not disclosed on the initial insurance application. The rescission took place despite the fact that the undisclosed household member was not the driver at the tme of the relevant accident. Plaintiffs allege that the application system forced applicants to represent that all disclosures of household members had been made, despite preventing that very disclosure. On December 15, 2022, Plaintiffs, including Plainti...
2023.12.11 Motion for Preliminary Approval of Class Action Settlement 160
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.11
Excerpt: ...ourt, 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.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of the plaintiff...
2023.12.08 Motion to Vacate Judgment 061
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.08
Excerpt: ...laims for violations relating to wages, meal-and-rest periods, wage timeliness, and inaccurate wage statements. Shortly thereafter, Plaintiff Waltz filed a wage-and-hour class action on June 11, 2021, and PAGA representative acton on August 5, 2021 (CIVSB2117018 & CIVS82133560, respectively). While both the Flores and Waltz wage-and-hour matters were removed to federal court, they both were ultimately brought back to this Court. On July 7, 2022, ...
2023.12.08 Motion for Summary Judgment 449
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.08
Excerpt: ...hicle. Based on these allegations, Monjaras commenced suit against Cuevas and Good Faith on June 22, 2021, for negligence. In response to the lawsuit, defendants answered and filed a cross- complaint against Salvador Ayala-Villanueva and Ana Trevira, (though they were added via roe amendment). The cross-defendants in turn filed a cross-complaint against Good Faith and Cuevas. The Motion for Summary Judgment Cuevas and Good Faith now seek summary ...
2023.12.07 Discovery Motions 546
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.07
Excerpt: ...in investing in MCWA and met with Revolon at MCWA's location in Redlands. Esposito and Defendants allegedly entered into an agreement in which Esposito became a 50% owner of MCWA in exchange for a monetary investment. Esposito alleges Revolon has refused to permit him to have an active role in management, refused to share in profits, failed to compensate Esposito as an officer, and denied access to business and corporate records. Esposito's compl...
2023.12.07 Motion to Quash Service of Summons 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.07
Excerpt: ...hat Singh and A&A knew of their identity yet unreasonably delayed filing and serving the Doe amendment until only a few months before trial even though their cross-complaint was filed nearly two years ago. Counsel for Avey, Richard C. Moreno, submits a declaration and attaches exhibits to show where their identity was revealed in discovery. Avey states that Singh and A&A knew of their existence and the factual and legal basis by which they could ...
2023.12.07 Motion to Quash Service of Summons and Complaint 100
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.07
Excerpt: ...asonable diligence to personally serve Defendant, resorting to substituted service at a house that was no longer Defendant's dwelling house or usual place of abode, and that Plaintiff has not substantially complied with the statutory requirements for service of process so as to confer actual notice of the summons and complaint on the Defendant. a. Plaintiff Meets Evidentiary Burden Regarding Proper Service On a motion to quash service of summons ...
2023.12.06 Motion for Summary Judgment 596
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.12.06
Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...
2023.12.05 Motion to Set Aside Entry of Default, Judgment, Renewed Judgment, Writ of Execution
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.05
Excerpt: ...tion(s): Motion to Set Aside Entry of Default, Default Judgment, Renewed Judgment, Writ of Executon and other orders Movant(s): Defendant Ha Tien Thi Ha aka Ha Tien Thi (erroneously sued and served as Tien T. Ha aka Tien H. Ha aka Ha Tien Ha aka Tina Ha aka Ha Tien Ha, et al. Respondent(s): Plaintiff Unifund CCR Partners, a New York Partnership Discussion - Here, Defendant seeks to set aside the judgment on the ground that it is void because she ...
2023.12.05 Motion for Final Approval of Class Action Settlement 001
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.05
Excerpt: ...ating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) wage timeliness; (5) final pay; (6) maintenance of required records; (7) accurate wage statements; (8) unfair competition; as well as (9) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiff would represent a class of non-exempt workers in Defendant's California operations from August 27, 2026, to July 25, 2023. (Settlement, 992 ["Class"...
2023.12.05 Demurrer, Motion to Strike 898
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.12.05
Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...
2023.12.05 Demurrer
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.05
Excerpt: ...eet and confer requirement applies to amended pleadings Page | 6 as well as originals. (Code Civ. Proc., S 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., S 430.41, subd. If there is no resolution, the demurring party shall submit a declaration with h-s/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution was...
2023.12.04 Motion for Leave to File FAC 451
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.12.04
Excerpt: ...time wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time; (6) wage statements; (7) wage timeliness; (8) reimbursements; as well as (9) violation of the unfair competition law. In essence, Plaintiff alleges that he was employed by Defendants from October of 2013 through approximately December 2020. He seeks to represent all current and former non-exempt California employees who worked for Defendants during the statutory p...
2023.12.04 Demurrer, Motion to Strike FAC
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.04
Excerpt: ...lege that CDA has a possessory right to the property itself; thus, the cause of action does not state sufficient facts to support nor does COA have standing to bring a trespass cause of action. Additionally, GS8 also specially demurs that the trespass cause of action is uncertain because the FAC fails to allege who owns or possesses the property. In response, Plaintiff argues that it has adequately alleged that it owned the pipeline and the groun...
2023.12.01 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.01
Excerpt: ... or in the alternative, summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (f) in favor of Defendants and against Plaintiff's SAC and the following causes of action contained in Plaintiff's SAC: (1) First Cause of Action for Breach of Contract; and, Page | 10 (2) Second Cause of Action for Conversion. Analysis: Plaintiffs First Cause of Action for Breach of Contract: Plaintiff's First Cause of Action is for Breach ...
2023.12.01 Motion for Protective Order
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.12.01
Excerpt: ...ch 27, 2023, Faerber served his Designation of Expert Witnesses listing Richard Lewis Ruffalo, M.D. (Ruffalo), an anesthesiologist and pharmacologist, along with Kevin P. Becker, M.D., another anesthesiologist, both of whom are to testify concerning causation and damages according to the sworn declaration of defense counsel. (Scott Decl„ 96; Exh. 1.) Scott further declares one of the arguments proffered in support of Faerber's motion for summar...
2023.12.01 Motion for Preferential Trial 949
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.01
Excerpt: ...ant 3") (hereinafter, collectively "Defendants.") Plaintiff alleges five causes of actions: 1) negligence; 2) negligent hiring; 3) intentional infliction of emotional distress; 4) battery; and 5) violation of Ralph Civil Rights Act, Cal. Civ. Code S 51.7. On August 3, 2023, Plaintiff filed a first amended complaint alleging the same causes of action.l No trial date has been set in this case. On June 30, 2023, Plaintiff filed this motion for prefe...
2023.11.30 Motion for Leave to File Amended Complaint 600
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.30
Excerpt: ...fic Collision Report, and Offcer Amanda Beeman's deposition testimony. Extrinsic evidence, however, is not properly considered at the pleading stage. The extrinsic evidence here is also presented for the purpose of attacking the pleadings themselves and unrelated to whether Plaintiff was insufficiently diligent in pursuing this motion. Such evidence is more properly presented on summary judgment or at trial. The Court therefore sustains Plaintiff...
2023.11.30 Motion to Compel Deposition 704
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.30
Excerpt: ...m ("Lim") and Heidi Kupferman ("Kupferman"). Defendants oppose and Plaintiffs reply. The two motions are nearly identical and are each supported by the declaration of Plaintiff's attorney Scott K. Johnson ("Johnson"). Johnson declares Plaintiffs issued notices of depsiton on April 19, 2023, for depositions on May 23 and 24, 2023, respectively. (Johnson Decl. re: Lim, '15, Exh. 8; Johnson Decl. re: Kupferman, 95.) Defendants subsequently objected ...
2023.11.30 Motion for Summary Judgment, Adjudication 257
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.30
Excerpt: ...laration of his mechanical engineering expert, Mark Burns. C&L filed separate objections to the declarations with its reply. Objection to the Khorshidi declaration is overruled. Objections 1-3 to the Burns declaration is overruled, but objections 4-7 are sustained based on lack of foundation. Defendant C&L's MSJ Defendant C&L moves for summary judgment on the grounds that: (1) it does not own, lease, occupy, or control the property on which Plain...
2023.11.30 Motion to Compel Arbitration and Stay Action 990
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.30
Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...
2023.11.29 Motion to Compel Further Responses 057
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.29
Excerpt: ..."). On July 28, 2023, she e-served her responses with the verification dated July 31, 2023. (Ma Decl. at 95, Exhs. E-F.) Finding the objections/responses to (i) Form Interrogatories #1.1, 2.1-2.7, 2.11, & 12.1, (ii) Special Interrogatories #1-2, 5-10, 13-16, & 18-23, and (iii) RFPs #1-8 deficient, Plaintiff Lightking moves to compel further responses. Defendant Zhou opposes in part. Plaintiff Lightking replies. After the motions were filed, Defen...
2023.11.29 Motion to Compel Arbitration and Stay Action 189
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.29
Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...
2023.11.28 Motion to Compel Arbitration 247
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.28
Excerpt: ...e with Defendant BMW. Plaintiff alleges that defects and nonconformities manifested within the warranty period, including those relating to the vehicle's electrical, transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 26, 2022, Plaintiff file...
2023.11.28 Motion for Summary Judgment, Adjudication 975
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.28
Excerpt: ...ainer complaint against Defendants Grabowski, Crawford, and Graboswki Brothers Racing (G8R). Defendants CITV and DGM appeared by filing prejudgment claims of right of possession. Generally, Plaintiff alleges that the subject property is a commercial warehouse with two suites. Plaintiff has owned the subject property since Defendant Grabowski occupied shortly thereafter and Page 7 was allowed to occupy until March 2021, when he, along with Defenda...
2023.11.28 Motion for Summary Judgment 388
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.28
Excerpt: ...on administration services; Clark Construction Group of California (Clark) was engaged as Plaintiff's general contractor. On June 1, 2020, the County filed its complaint alleging the following four causes of action against HOK: (1) contractual indemnity; (2) declaratory relief; (3) breach of contract; and, (4) negligence. The County alleges the following: In November 2012, the County and HOK entered -nto a design contract (the Professional Servic...
2023.11.28 Motion for Preliminary Approval of Class Action Settlement 211
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.28
Excerpt: ...he 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.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, th...
2023.11.28 Application for Writ of Attachment 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.28
Excerpt: ...amended order. Case Summary This is an action relating to the breach of construction contracts. Plaintiff alleges that it entered into a Master Contractor Agreement (MCA) with Defendant, in which it would provide construction materials at various construction sites. Individual Defendant Theisen allegedly executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement...
2023.11.27 Motion for Preferential Trial 949
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.11.27
Excerpt: ...nor with severe cognitive disabilities (First Am. Complt. 13), alleges that while he was at school and in the care and custody of Defendants, he was abused on at least two separate occasions in 2022. (First Am. Complt. 18, 21.) Plaintiff filed his original complaint on May 23, 2023 alleging five causes of action: 1) Negligence; 2) Negligent Hiring, Supervision, and Training; 3) Intentional Infliction of Emotional Distress; 4) Battery; and 5) Viol...
2023.11.27 Motion for Final Approval of Class Action Settlement 820
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.27
Excerpt: ...final pay; (7) required maintaining of records; (8) accurate statements; (9) unfair competition law; as well as a claim for civil penalties pursuant to the Private Attorneys General Act (PAGA). On March 30, 2023, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for violations relating to indemnification of necessary employee expenses. After commencing litigation, the parties informally exchanged policy and payroll document...
2023.11.22 Demurrer 923
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.22
Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...
2023.11.22 Motion to Compel Further Responses 731
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.22
Excerpt: ...GRANT sanctions against Defendant in the amount of $2,5æ', payable within 30 days. Case Summary This is, in essence, a discrimination and harassment case. Plaintiffs contend that they were harassed and discriminated against during their employment as police officers at Defendant City. They allege discrimination and harassment on the basis of disability and age, as well as other protected categories. Plaintiff Vasek further contends he was denied...
2023.11.22 Motion for Preliminary Approval of Class Action Settlement 751
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.22
Excerpt: ...Y, without prejudice. Alternatively, the Court would consider a CONTINUANCE for the purpose of submission of a revised class notice. Preliminary Approval of Class Action Settlements in General Settlement of a class action requires court approva . (Cal. Rules of Court, rule 3.759.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fcm Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. un...
2023.11.20 Motion for Preliminary Approval of Class Action Settlements in General 742
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.20
Excerpt: ...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 offered in settlement,...
2023.11.16 Motion for Final Approval of Class Action Settlement 570
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.16
Excerpt: ...ments; (5) waiting time; and (5) unfair competition law. As part of and in furtherance of settlement, Plaintiff— along with the prior motion for preliminary approval— submitted a proposed First Amended Complaint (FAC), adding a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). The Court approved and filed the proposed FAC at that time. After commencing litigation, the parties informally exchanged policy...
2023.11.15 Motions to Quash Summons 076
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.15
Excerpt: ...ional distress; (2) promissory fraud; (3) negligent misrepresentation; and (4) negligence. After a demurrer and motion to strike heard on 29, 2021, Plaintiff filed the operative First Amended Complaint (FAC), asserting the same causes. As background, Plaintiff suffered physical and emotional injuries when he intervened to protect a women from being attacked in October of 2018. He alleges that his treating doctor at Defendant Hospital made written...
2023.11.15 Motion for Summary Judgment, Adjudication 759
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.15
Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...
2023.11.15 Motion for Summary Judgment, Adjudication 597
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.15
Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...
2023.11.14 Motion to Strike 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.14
Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...
2023.11.14 Demurrers 287
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.14
Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...
2023.11.14 Demurrer, Motion to Strike Punitive Damages 704
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.14
Excerpt: ...a claim for fraudulent concealment are: "(1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose that fact to the plaintiff; (3) the defendant Page I 2 intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if she had known of the concealed or suppressed fact; and (5) plaintiff sustained damages...
2023.11.14 Demurrer 111
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.14
Excerpt: ...ide employees with the quota in writing, as required by Labor Code sections 2101 and 2102. The quotas also purportedly interfered with the employees' rest periods. As a result, Zamores commenced the underlying PAGA action against Ryder on July 28, 2023. The complaint contains one cause of action for violation of Labor Code sectons 2101 and 2102 and a second cause of action for PAGA penalties. The complaint further indicates Zamores worked as a fo...

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