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1686 Results

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2021.08.09 Motion to Set Aside or Vacate Judgment 944
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.09
Excerpt: ... Due to the Pandemic caused by COVID, the clerk's office has been seriously short‐staffed and there is a massive backlog of documents which require filing and proceeding. With few exceptions, the Court instituted drop boxes for the filing of pleadings and documents to avoid in person contact. On the date a pleading or document is placed in the drop‐box it is stamped “received”.1 This is the ultimate filing date the clerk will use when it ...
2021.08.09 Motion to Compel Arbitration 937
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.09
Excerpt: ...ived by the petitioner, (b) Ground exists for the revocation of the agreement, or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The party may also seek a stay of pending litigation either by itself or in conjunction w...
2021.08.09 Motion for Summary Judgment, Adjudication 851
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.09
Excerpt: ...mmad A. Zareh, D.D.S. cannot be liable for the acts of his corporation unless he was directly involved in the treatment of Plaintiff Myrna Yanez, which he was not [UF #4‐5, 7‐9 and cited evidence: Zareh's Declaration]; b. Defendant Mohammad A. Zareh, D.D.S. Inc. dba Cityview's expert opines that no act or omission by the treating dentists fell below the 2 standard of care and caused Plaintiff Yanez's injuries. As a result, vicarious liability...
2021.08.09 Motion for Summary Judgment, Adjudication 143
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.09
Excerpt: ... 997; and, American Drug Stores, Inc. v. Stroh (1992) Cal.App.4th 1446, 1453); (2) Defendants' evidentiary objections to the Declaration of Raymond Babaian are Overruled in their entirety; (3) Defendants' evidentiary objections to Plaintiff's Exhibits 1‐3, 4, 6, 11‐13, 22, 24‐27 and 29‐30 are Overruled in their entirety; (4) Defendants' procedural and evidentiary objections to Plaintiff's Separate Statement of disputed facts are Overruled...
2021.08.09 Motion to Consolidate 710
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.09
Excerpt: ...efore unfairly prejudice the defendants with respect to the Page 2 of 2 CVS26073021 claims of other plaintiffs who do not claim corruption, although the City, as the moving party, is apparently unconcerned about that. Nevertheless, the differing motivations attributed to the City could be challenging for the trier of fact to parse. Some plaintiffs have demanded jury trials, while others have not. If the cases are tried together, with the jury sit...
2021.08.06 Motion to Continue Trial and Reopen Discovery 235
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.06
Excerpt: ...on as reasonably practical once the necessity for the continuance is discovered.” (Cal. Rules Page 2 of 14 of Court, rule 3.1332(b); see Super. Ct. San Bernardino, Local Rules, rule 418 [“The Court adopts California Rule of Court, rule 3.1332, with respect to requests for continuances”]; Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468.) “Although continuances of trials are disfavored, each request for a continuance must b...
2021.08.06 Motion for Leave to File TAC 802
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.08.06
Excerpt: ... Cal.3d 920, 939.) If a motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion. (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Thus, the policy to allow amendm...
2021.08.04 Motion for Summary Judgment, Adjudication 046
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.08.04
Excerpt: ...ough Plaintiff dismissed her claim for Failure to Provide Accommodation for Lactation, testimony is still relevant for the failure to engage in interactive process and failure to accommodate. Additionally, the testimony may be relevant to show discrimination of her pregnancy [the need to continue lactating at the office]. 6.‐10. 21. 23. Overruled The testimony is relevant as the employer cited staffing costs as the legitimate business reason fo...
2021.08.04 Motion for Final Approval of Class Action and PAGA Settlement 509
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.08.04
Excerpt: ...igures may differ from the estimates if the court adjusts the amounts of other deductions from the gross settlement funds.) Counsel has provided an estimate for the Snow fund, although the figure seems too low. The court has not located estimates for the other two settlements. Page 2 of 2 CVS26073021 2. Counsel should provide the number of aggrieved employees for each settlement fund (insofar as the number differs from the number of class members...
2021.07.28 Motion for Summary Judgment 712
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.07.28
Excerpt: ...ust 8, 2017 and (B) Certified Judgment filed August 22, 2017 in Sacramento County Superior Court, SuperShuttle, etc., et al. v. Henning, et al. No. 34‐2014‐80001841 Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts reached, it may not take judicial notice of the truth of hearsay statements in other decisions or court files, or of the truth of factual findings made in another action....
2021.07.27 Motion to Quash 856
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.27
Excerpt: ...ise to the cause of action. (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 108‐09; Integral Development Corp. v. Helmut Weissenbach (2002) 99 Cal.App.4th 576, 583‐84.) The plaintiff bears the initial burden of “demonstrating facts by a preponderance of the evidence justifying the exercise of jurisdiction in California.” (In re Automobile Antitrust Cases, supra, 135 Cal.App.4th at p. 110.) The necessary facts are by...
2021.07.22 Motion to Strike Costs 485
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.22
Excerpt: ...e, however, was the request for dismissal filed by Helaire on April 20, 2021, purporting to have the case dismissed as to her without prejudice. That request for dismissal, which the clerk acted on and entered the dismissal on the same date, does not comport with the orders made by the court on April 9, 2021. The transcript from that hearing (Exb. C to the request for judicial notice) demonstrates clearly and unambiguously, that the dismissal was...
2021.07.21 Motion to Deny Class Certification 624
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.21
Excerpt: ...iced hearing.… ‘The hearing may be held either on the motion of the representative to certify the case as a class action; or, on motion by the party opposing the class to dismiss the class action allegations; or, by the court on its own motion....'”].) Thus it is entirely proper for a defendant to bring a motion to deny class certification. This motion, however, fails to demonstrate through admissible evidence why any necessary element for ...
2021.07.21 Motions to Compel Responses 052
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.21
Excerpt: ...were due, Akbar Razavi Sayed Razavi served verified supplemental responses to all the discovery responses. Therefore, the motions are moot except with respect to the issue of monetary sanctions. For purposes of evaluating the request for sanctions only, the following rulings are those that would have applied to the original responses had verified supplemental responses not been served. The court has not considered the supplemental responses. The ...
2021.07.21 Motion to Quash Deposition Subpoena 144
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.07.21
Excerpt: ...ecord … may sign and issue a subpoena … .” (Code Civ. Proc., § 1985, subd. (c).) Although District is correct that Thompson & Colegate is its “attorney of record,” it fails to recognize that since attorney Priscilla Hernandez is no longer an attorney at that firm, she no longer had the authority to engage in any actions on behalf of the firm. As a result, the deposition subpoena is invalid since it contains the signature of an attorney...
2021.07.20 Motion for Clarification of Court Ruling 110
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.20
Excerpt: ...the order, and the court respects counsel's right to disagree, nothing about the order needs clarification. It appears the moving parties do Page 2 of 2 not want the order clarified; they want it changed. The moving parties are asking the court to reconsider its prior ruling based on the arguments presented and to modify the ruling accordingly. This is a motion for reconsideration, notwithstanding the title. A motion for reconsideration must: (1)...
2021.07.20 Demurrer 810
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.20
Excerpt: ...ts entered into a five‐year Lease agreement. The agreement called for a monthly rental payment of Page 2 of 10 $5,000. After expiration of the Lease, the Plaintiff and Defendants agreed to a month‐tomonth tenancy beginning August 1, 2020. Rent was increased to $7,500 as of December 1, 2020, and then $8,257.71 effective January 1, 2021. On February 26, 2021, a 30‐Day Notice to Vacate was served on Defendants by certified mail addressed to De...
2021.07.19 Motion to Compel Deposition 737
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.19
Excerpt: ... Harassment; (3) Age Discrimination; (4) Sexual Harassment in Violation of FEHA; (5) Failure to Accommodate Disability; (6) Failure to Engage in the Interactive Process of Accommodation of a Disability; (7) Failure to Prevent Discrimination and Harassment in Violation of FEHA; (8) Failure to Correct and Remedy Discrimination and Harassment; (9) Wrongful Termination; (10) Retaliation for Engaging in Protected Activity; (11) Hostile Work Environmen...
2021.07.19 Motion for Summary Judgment 600
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.07.19
Excerpt: ...issue of fact precluding summary judgment. While Defendants make much of Plaintiff seeing no liquid or food and no food or liquid being on the floor, Plaintiff does contend she slipped on a slippery substance. She has also created an issue of fact as to how long the condition existed due to Defendants not having a sweeping protocol as testified to by Makridis (See, PAF, #2‐7). As stated in Ortega v. Kmart Corp.(2001) 26 Cal.4th 1200 at 1203: Th...
2021.07.16 Motion for Monetary, Issue, and Evidentiary Sanctions 255
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.16
Excerpt: ...ing the content of a discovery request or the responses to such a request must be accompanied by a separate statement”, specifically including a motion “[f]or issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a)(7).) The court has Page 2 of 3 discretionary power to deny a discovery motion based on lack of a compliant separate statement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Defendant does not note this defic...
2021.07.15 Motion to Continue Trial Dates 861
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.07.15
Excerpt: ...n. (See In re A.C. (2017) 13 Cal.App.5th 661, 672‐673 [When a party “fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived”]; see Provost v. Regents of University of Cal. (2011) 201 Cal.App.4th 1289, 1300 [Where a party failed to provide any reasoned legal analysis or authority to support a position, they are forfeited].) It is also no excuse that Plaint...
2021.07.15 Motion for Summary Judgment 838
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.15
Excerpt: ...o the Complaint, Plaintiff worked for TRC railroad from 1981 to 1994 as a brakeman and conductor. During his career with TRC railroad and while working in TRC's yards, buildings and along its right of way, Plaintiff was exposed to various toxic substances and carcinogens including, but not limited to, diesel fuels/exhaust, benzene, creosote, and rock/mineral dust and fibers. Plaintiff's exposure to such toxic substances caused or contributed to h...
2021.07.15 Demurrer 802
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.07.15
Excerpt: ...etween the protected activity and the employer's action. (Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138.) Plaintiffs specifically allege a violation of Subdivision (b) of Labor Code section 1102.5, which provides: An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a...
2021.07.15 Demurrer 640
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.15
Excerpt: ...their home when an unprotected water line was punctured by a nail. The original complaint alleged a single cause of action for products liability. Page 2 of 40 Ryland answered and cross‐complained against Roes 1‐50, alleging 10 causes of action: (1) breach of contract; (2) express indemnity; (3) implied indemnity; (4) equitable indemnity; (5) comparative negligence and contribution; (6) breach of implied warranties; (7) breach of express warr...
2021.07.15 Demurrer 440
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.15
Excerpt: ...f Government Code section 12940; (5) failure to prevent discrimination and harassment in violation of Government Code section 12940; (6) retaliation in violation of Government Code section 12940; and (7) declaratory and injunctive relief. Wise alleges she was employed by Zeiss until her termination on January 13, 2020. She alleges she was terminated in retaliation for her complaints and opposition to unlawful discrimination by Parks. During her e...

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