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1686 Results

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2021.08.23 Motion to Quash Subpoenas 548
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.23
Excerpt: ..., (5) Broadspire Services, Inc., and (6) Harco National Insurance Company. However, after the filing of the Motion, Defendant withdrew the subpoenas to Disney (No. 3), San Bernardino (No. 4), and Broadspire (No. 5). Further, Defendant has agreed to modify the subpoena as to Ace (No. 1). Therefore, the only subpoenas in dispute are Employers (No. 2) and Harco (No. 6). The motion to quash appears moot by virtue of the fact that the records of Emplo...
2021.08.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 459
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.23
Excerpt: ...lt and time‐consuming for the court to analyze costs by failing to summarize the costs in a single location, but across four separate declarations. While lawyers from different law firms must individually document their costs, they should also be grouped together in a single location for the court's convenience. Page 3 of 4 CVS26073021 2. Confirmation that the administrator's fee is not to exceed $25,000.00. 3. Confirmation that employer‐side...
2021.08.23 Motion for Final Approval of Class Action and PAGA Settlement 589
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.23
Excerpt: ... only that there 2,059 participating members, without separately listing the number of class members and the number of PAGA aggrieved employees. Class members whose employment terminated before commencement of the PAGA period do not participate in the PAGA settlement, and putative class members who opted out of the class settlement still participate in the PAGA settlement if their employment fell within that time period. The settlement administra...
2021.08.23 Motion for Attorney Fees 944
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.23
Excerpt: ...onable attorneys' fees. The Court has carefully scrutinized the motion, the supporting Declarations and the billing invoices and reviewed the Court's file and the pleadings. In determining what constitutes reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary ...
2021.08.23 Motion to Compel Arbitration 569
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.23
Excerpt: ...gn and return a copy of this letter to me soon as possible. Also attached is an employment agreement. Please sign and scan/e‐mail a copy to…” (Sporer Decl., Ex. 1, p. 2, underlining added.) Plaintiff signed the letter electronically below the statement: “I accept the position offered by the Andersen Logistics under the terms described in this letter.” Essentially, the parties' arguments boil down to the following. Defendant argues that ...
2021.08.20 Motion to Quash Subpoena 244
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.20
Excerpt: ...erson described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to Page 2 of 13 protect the person from unreasonable or oppressive de...
2021.08.19 Petition to Compel Arbitration and Stay Action 050
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.19
Excerpt: ...s. Defendant asserts the FAA applies without pointing to any particular supporting evidence. The agreements themselves (Starr Decl., Exhs. 1‐2) do not reference the FAA. The moving papers provide, without support, that Defendant is a California‐based nonprofit organization that works with school districts and local communities to offer extended learning programs for underprivileged and low‐income children. (Motion, 1:23‐24.) The moving pa...
2021.08.19 Motion to Set Aside or Vacate Judgment
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.08.19
Excerpt: ...of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amend...
2021.08.19 Motion to Compel Further Responses 842
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.19
Excerpt: ...n, Cal. Prac. Guide (TRG 2013), Civil Procedure Before Trial, §8:1180‐8:1181.) “[P]arties may conduct discovery “regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action … if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Perlan Therapeutics, Inc. v. Superior Court (2009)178 Cal.App.4th 1333, 1351, ...
2021.08.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 587
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.19
Excerpt: ...s no jurisdiction to enforce any settlement among non‐parties. These entities, if they are included in the settlement, will need to be made parties and make general appearances (including payment of first appearance fees in the complex litigation department). The hearing can be continued to a later date to accomplish this. The motion is unclear as to the amount of fees and costs sought. Nevertheless, the settlement agreement clearly provides th...
2021.08.19 Motion for Judgment on the Pleadings 540
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.19
Excerpt: ...95, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice, in which case the judicially noticed content must be specified in the opening papers. (Code Civ. Proc., § 438, subd. (d); compare Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5 [on “nonstatutory” motion for judgment on the pleadings, court took judicial...
2021.08.17 Motion for Summary Judgment, Adjudication 296
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.08.17
Excerpt: ...rrect. The matter is continued and in addition a Motion for Contempt Sanctions against American General Life Insurance and its attorneys will be set on the same day. Notwithstanding, the Court offers the following comments: Judicial Notice1 Defendant American General requests judicial notice of the Court of Appeal decision in Williams v. National Western Life Insurance Company (2021) 65 Cal.App.4th 436. DENY as unnecessary in that it is a binding...
2021.08.16 Motion for Judgment on the Pleadings 307
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.08.16
Excerpt: ... concealed a known defect from Plaintiff—the defective PowerNet Electrical Architecture, which consists of a computer, fuses, and internal relays. It is responsible for controlling and distributing electrical power throughout the vehicle. (Id. ¶148.) Plaintiffs alleges that because the electrical architecture controls power a wide variety of essential vehicle systems, including safety and security systems, the defect often leaves vehicles inca...
2021.08.16 Motion to Consolidate, Stay Unlawful Detainer, Demurrer 344
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.16
Excerpt: ...l and Joanna Davis. (See Compl. ¶19, Ex. C.) That allegation appears consistent with the express language of the assets sale and purchase agreement. (See Ex. A.) It seems disingenuous to take the position that Michael Davis executed the lease agreement and the assets sale and purchase agreement, both of which contain purchase option provisions, as President of Brennan Lynn, while at the same time taking the position that Davis did not sign the n...
2021.08.16 Motion for Summary Judgment, Adjudication 296
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.08.16
Excerpt: ... October 15, 2020 [Exhs. D‐F to Katz's Decl.]: GRANT judicial notice per Evidence Code section 452, subdivision (d). Discussion In Sullivan's Notice of Motion and Motion, he seeks to adjudicate the prayer for treble damages and attorney fees. This is impermissible. An MSA on damages concerns only adjudicating the recovery of punitive damages: Accordingly, the current version of the statute, like the former version, contains parallel independent...
2021.08.12 Motion to Compel Subpoena Compliance 637
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.12
Excerpt: ...¶¶3‐5, Exhs. 7‐9; Mills Decl. at ¶¶3, 5‐ 7, 9‐10, 12, Exhs. 1‐2, 4‐6, 8‐10.) Plaintiff M&Y timely moves to compel Deponent MLR to comply with the deposition subpoena. DISCUSSION Statement of the Law Code of Civil Procedure section 1987.1, subdivision (a) states: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the ...
2021.08.12 Motion for Summary Judgment, Adjudication 837
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.12
Excerpt: ...n in Violation of Labor Code § 1102.5; (3) Discrimination in Violation of FEHA; (4) Failure to Prevent Discrimination in Violation of FEHA; (5) Harassment in Violation of Page 2 of 25 FEHA; (6) Failure to prevent Harassment in Violation of FEHA; (7) Retaliation in Violation of FEHA; (8) Failure to Engage in the Interactive Process; (9) Failure to Provide Reasonable Accommodation; and (10) Sick Leave Retaliation/Labor Code § 233. The Complaint g...
2021.08.12 Motion for Summary Judgment, Adjudication 582
Location: San Bernardino
Judge: Tomberlin, John S33
Hearing Date: 2021.08.12
Excerpt: ...ed in their entirety; (3) Plaintiff's six evidentiary objections to paragraphs 5 and 7‐9 of the Declaration of Jason Dalton are Overruled in their entirety; 2 (4) Plaintiff's four evidentiary objections to the Deposition testimony of Laureano Alvarado are Overruled in their entirety; (5) Plaintiff's six evidentiary objections to the Deposition testimony of Deonna Floyd are Overruled in their entirety; (6) Plaintiff's evidentiary objection to pa...
2021.08.12 Motion for Summary Judgment 049
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.12
Excerpt: ...l. It cannot be said that a creditor has been injured unless the transfer puts beyond his reach property he otherwise would be able to subject to the payment of his debt.' [Citations.]” (Mehrtash v. Mehrtash (2001) 93 Cal.App.4th 75, 80 (emphasis added).) In Mehrtash, the Court of Appeal held the plaintiff‐creditor failed to show injury where the fraudulently transferred property was heavily mortgaged and there was no evidence “the value of...
2021.08.11 Motion for Sanctions 938
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.11
Excerpt: ...action was arguably meritorious, the legal conclusion is that the party's motive was probably not solely to harass or cause unnecessary delay, Page 2 of 6 such that sanctions are not warranted. (Bach v. McNelis (1989) 207 Cal.App.3d 852, 876.) Under section 128.7, a court may impose sanctions if it concludes a pleading was filed for an improper purpose or was indisputably without merit, either legally or factually. [Citation.] Here, the court did...
2021.08.11 Motion for Preliminary Injunction 496
Location: San Bernardino
Judge: Tomberlin, John S33
Hearing Date: 2021.08.11
Excerpt: ...ial. Plaintiff must address: (1) the reasonable probability it will prevail on the merits at trial, and (2) whether the harm to it from refusal to grant a preliminary injunction outweighs the harm to Defendant from the imposition of the preliminary injunction. Also, Plaintiff's supporting evidence is defective. Allegations declared to be true on “information and belief” will typically not support an injunction. (Riviello v. Journeymen Barbers...
2021.08.11 Motion for Judgment 639
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.11
Excerpt: ...licitly provides in pertinent part at section 4(A), “Cash Payment”, “In no event will any additional money be paid by or on behalf of Defendants to the Beverly Plaintiffs or their attorneys.”1 (The court does not have authority to modify the terms of the agreement on a motion to enforce a settlement. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 1 Friedman Decl., Exh. A, at p. 7 of 19, § 4(A). 2 Cal.App.4th 974, 984.) The reply do...
2021.08.10 Motion to Compel Further Responses 339
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.10
Excerpt: ...response. (Code Civ. Proc., §§ 2031.310, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45‐ day time limit is mandatory and “jurisdictional” such that the Court has no authority to grant a late motion. (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410 [late‐filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers].) However, the...
2021.08.10 Motion to Compel Deposition and Production of Docs 238
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.10
Excerpt: ...quested documents. Procedurally, the motion shall establish good cause justifying the production of the inspection of the demanded documents and shall be accompanied by a meet and confer declaration, or, where the individual failed to appear and produce requested documents, a declaration stating that the individual was contacted for inquiry about the non‐appearance. (Code Civ. Proc., §2025.450, subd. (b).) If a deponent fails to answer any que...
2021.08.10 Motion for Summary Adjudication 653
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.10
Excerpt: ...defenses are not predicated upon a factual inquiry. The 15th affirmative defense concerns compliance with Code of Civil Procedure § 425.13. The facts surrounding the compliance are information needed to determine whether compliance occurred or not. Similarly, the 19th affirmative defense concerns the factual question of whether Decedent's injury and damages arise from professional negligence versus neglect. A factual inquiry would be necessary i...

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