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2023.11.13 Special Motion to Strike 475
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ...o the Ethereum was held on a USB device called a "ledger." The ledger stores private keys for each cryptocurrency. Plaintiffs allege that, in November of 2021, they wanted to sell 110 of their Ethereum. Since these are sensitive transactions, they reached out to Defendants, who were friends that could help them. On November 17, 2021, Plaintiffs went to Defendants' home to conduct the transaction. Plaintiffs allege that one Defendant noted the lar...
2023.11.13 Motion to Strike Punitive Damages 990
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.13
Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...
2023.11.13 Motion for Final Approval of Class and PAGA Action Settlement 322
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ... (6) timeliness of pay; (7) accurate wage statements; and (8) unfair competition law. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil #nalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on February 28, 2023, the parties eng...
2023.11.13 Demurrer, Motion to Strike 278
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ...he child abuse and neglect reporting act; (2) negligence; (3) breach of duties arising under a special relationship; (4) professional negligence; and (5) medical malpractice. The causes are alleged to arise out of events subsequent to Plaintiff's presentation as a patent to Defendant Hospital on or about October 2, 2020, relating to a religion-based declining of certain treatment protocol and an alleged failure on the part of Defendants to follow...
2023.11.13 Application for Writ of Attachment 894
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.13
Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...
2023.11.09 Motion to Compel Arbitration 898
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.09
Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...
2023.11.09 Motion for Leave to File Supplemental Complaint 655
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.09
Excerpt: ...aint pleads 2 causes of action: (1) retaliation and (2) failure to prevent. The Complaint alleges that DSH employed Villalpando as a police sergeant with the Patton Police. In 2018-19, he was assigned as the training sergeant during the day shift. On December 18, 2018, Patton Police Officer Jenna Trejo filed an administrative complaint for harassment. Villalpando was interviewed during the investigation and testified as a witness favorable to Tre...
2023.11.09 Motion for Leave to File FAC 912
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.09
Excerpt: ... minimum wages: (3) meal periods; (4) rest breaks; (5) waiting tme penalties; (6) accurate wage statements; as well as (7) violation of the unfair competition law; (8) penalties pursuant to Section 210; (9) penalties pursuant to Section 226.3; (10) penalties pursuant to Secton 558; (11) penalties pursuant to Section 1197.1; and (12) civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, in Riverside County, plaintiff...
2023.11.09 Motion for Attorney Fees 857
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.09
Excerpt: ...,458.28. GM opposes on the grounds that the fees requested are unreasonable since the tasks performed were routne and "recycled" from prior cases or the tasks were unnecessary to the litigation. Any fees related to the fraud claim would also be improper according to GM. Overall, GM contends the fees should be no more than $31,773. Hourly Rates. With regard to reasonableness of the rates requested, the lodestar is determined by reviewing the "prev...
2023.11.09 Demurrer 918
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.09
Excerpt: ...rd was in the file. Its contents were a concealed book insofar as the consideration of the demurrer was concerned."].) As to the Demurrer: The Court would SUSTAIN. However, the Court would grant 30 days' leave to amend to allow Plaintiff an attempt to address the statute of limitations issues noted infra. Case Summary This is essentially an action for retroactive enrollment in CalPERS medical plan. Plaintiff retired per disability from her state-...
2023.11.09 Anti-SLAPP Motion to Strike, Demurrer 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.09
Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...
2023.11.08 Demurrer 775
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.08
Excerpt: ...ewage backup -nto the insured's home. On April 25, 2023, the Plaintiff filed this instant suit against Defendants City, NPL and Federal Insurance Company. Defendant City filed the instant demurrer in response on July 28, 2023. Statement of Law A demurrer challenges defects that appear on the face of the pleading, which includes incorporated exhibits, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 c...
2023.11.08 Motion for Attorney Fees 005
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.08
Excerpt: ...n (l), allows for the recovery of attorney fees associated with litigation compelling an employer to comply with its obligation to produce the personnel file. Plaintiff also contends that he can recover attorney fees under Labor Code section 432.6, subdivision (d),l which provides a court may award reasonable attorney fees to a prevailing plaintiff who enforces his rights under this section. An employer is precluded from requiring as a condition ...
2023.11.08 Motion to Transfer and Consolidate 200
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.08
Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...
2023.11.07 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.07
Excerpt: ...74, among other cases cited in Plaintiffs Moving Papers; (2) The specific defects that affected the Subject Vehicle, including: a. Transmission Defects (Request Nos. 7-17); b. Engine Defects (Request Nos. 18-28); Page 2 c. Electrical Defects (Request Nos. 29-39); and, d. Structural Defects (Request Nos. 40-50) (Subject Vehicle Discovery). GM's Opposition: GM asserts that Plaintiff's motion to compel should be denied on the merits. GM argues that ...
2023.11.06 Motion to Compel Additional Deposition Testimony 256
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.06
Excerpt: ...iff sustained severe injuries to his shoulder, neck, left elbow and back. Plaintiff's deposition was taken on June 29, 2020 by Defendant. On October 4, 2023, Defendant filed his Motion to Compel an Additional Deposition of Plaintiff. Plaintiff opposed and Defendant replied. "Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action." (Code Civ. Proc., S 2025.010; see Code Civ. Pr...
2023.11.06 Motion for Protective Order to Exclude Expert Witnesses, Request to Set Compensation of Experts 897
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.06
Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...
2023.11.06 Motion for Preliminary Approval of Class Action Settlement 282
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.06
Excerpt: ...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 offered in settle...
2023.11.06 Motion for Leave to File SAC 658
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.06
Excerpt: ...om disputes surrounding a former joint business venture and alleged fraudulent transactions that occurred from approximately 2018 through December, 2019. Default was entered against defendants on September 10, 2020. At a Trial Setting Conference on December 1, 2020, Plaintiffs' counsel advised the court they were preparing a 585 packet. Plaintiffs subsequently filed their first amended complaint ("FAC") the following day on December 2, 2020 asser...
2023.11.06 Motion for Contempt, Sanctions 058
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.06
Excerpt: ...ainst Hernandez only; (4) assault against Hernandez only; (5) intentional infliction of emotional distress against Hernandez only; (6) negligent infliction of emotional distress; (7) gender violence; (8) hostile work environment sexual harassment; (9) failure to prevent and remedy harassment in violation of FEHA; (10) constructive discharge in violation of FEHA; and (11) conversion against Hernandez only. Hernandez subsequently crosscomplained ag...
2023.11.06 Demurrer, Motion to Strike 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.06
Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, the court assumes the truth of all material facts that have been properly pleaded, of facts that may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be t...
2023.11.03 Motion to Compel RFAs 150
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.11.03
Excerpt: ...ng party perm-ts. (b) Each answer shall: (1) Admit so much of the matter inwlved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding ...
2023.11.03 Demurrer to FAC 454
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.03
Excerpt: ...greement by permitting defendant QN Link, Inc. (QN) to utilize some of the storage space, which in-turn, permitted defendant HK Sishun Trade Co., Limited (HK) to also use some of the space. As a result, Egreen commenced suit against Fullhouse, QN, and HK on January 17, 2023. The operative first amended complaint (FAC) was then filed as a matter of right on May 24, 2023. The FAC removes QN and HK as defendants, but includes Jiantong Chen (Chen), X...
2023.11.02 Motion to Compel Further Responses 099
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.02
Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...
2023.11.01 Motion for Final Approval of Class Action Settlement 311
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.01
Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...
2023.11.01 Motion to Tax Costs 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.01
Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...
2023.10.31 Motion to Compel Further Responses 007
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.31
Excerpt: ...) as evasive or incomplete, an objection is without merit or too general, or the exercise of the option to documents is unwarranted or the required specification of those documents is inadequate can move to compel further responses. (Code Civ. Proc., 52030.3W, subd. (a).) The motion to compel must be noticed within 45 days of receipt of the responses (plus the additional time if not personally served). (Code Civ. Proc., "2030.300, subd. (c), 2031...
2023.10.31 Motion for Final Approval of Class Action Settlement 161
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.31
Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow Plaintiff's counsel to analyze and value the case ...
2023.10.31 Motion to Vacate or Modify Default Judgment 754
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.31
Excerpt: ...ting De La Torre was personally served at 11196 Charleston St., Adelanto, CA 92301-6124 on February 11, 2014. No response was ever filed and on April 24, 2014, a default and default judgment was entered against De La Torre for a total of $8,075.18, including costs and interest. Plaintiff has filed memorandums of costs and accrued interest on June 30, 2015, December 7, 2017, June 19, 2018, May 2, 2019, February 24, 2021, December 1, 2021, December...
2023.10.30 Motions to Compel Further Responses, Deem RFAs Admitted 548
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.30
Excerpt: .... The motion is denied as to Form Interrogatory No. 17.1 based upon the Court's ruling on the Request for Admissions. 2. Motion to Compel Further Responses to Special Interrogatories (Set 1) Against Defendant Yiming Qiu: Defendant Yiming Qiu is ordered to serve a answers, without objections, to Special Interrogatory Nos. 3, 4, 6-9, and 11-25 on or before November 30, 2023. Defendant Yiming Qiu is ordered to serve further answers, without objectio...
2023.10.30 Motion to Compel Mental Exam 476
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.30
Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...
2023.10.30 Motion to Compel Mental Exam 476
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.30
Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...
2023.10.26 Motion to Enforce Compliance with Agreement to Produce Docs and Responses 894
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.26
Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...
2023.10.26 Motion to Compel Mental Exam 476
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.26
Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...
2023.10.26 Motion for Final Approval of Class Action Settlement 892
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.26
Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...
2023.10.26 Motion to Quash 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.26
Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...
2023.10.26 Motion to Set Aside Void Order 567
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.26
Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...
2023.10.26 Motion to Strike or Tax Costs 933
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.26
Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...
2023.10.25 Motion to Stay Action 682
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.25
Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...
2023.10.25 Motion for Summary Judgment, Adjudication 959
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.25
Excerpt: ...rustment against TLC, VGM, Muzzammil, and Aijaz. The Complaint alleges on October 11, 2019, Zepeda was a passenger in the vehicle driven by Hamed. Hamed was driving at an unsafe speed when he rear-ended another vehicle. Zepeda sustained injuries. Hamed was unlicensed at the time of the accident. He was driving in the course and scope of his employment with TLC, VGM, Muzzammil, and Aijaz ("12-14, 17). Defendant VGM moves for summary judgment or ad...
2023.10.25 Motion for Summary Judgment 995
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.25
Excerpt: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...
2023.10.25 Motion for Summary Judgment 647
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.25
Excerpt: ... law and policy a defendant owes no duty to protect a plaintiff from particular harm. Avila v. Citrus Community college Dist. (2006) 38 cal.4th 148, 161 ["Avila"]; Knight v. Jewett (1992) 3 cal.4th 295, 314-15 ["Knight"]. The court does not ask what risks a particular plaintiff subjectively knew of or chose to encounter, but evaluates "the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determ...
2023.10.24 Motion to Quash Subpoena for Records and Deposition 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....
2023.10.24 Motion for Terminating and Monetary Sanctions 497
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...
2023.10.24 Discovery Motions 851
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.24
Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...
2023.10.24 Demurrer to TAC 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...
2023.10.23 Motion for Fees and Costs 407
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.23
Excerpt: ...mpromise, filed November 20, 2020, In re Donald Ray Paulson, supra (RJN Exh. B); • Docket for Saunders v. Paulson, Ap#llate Case No. D0751921, with underlying civil Case No. CIVDS1828407 (RJN Exh. C). There is no opposition to the request. The Court will grant Defendant's request and take judicial notice of the existence of court filings RJN Exhibits A and C, and take judicial notice of the Bankruptcy Court order RJN Exhibit B. Analysis With he...
2023.10.23 Demurrer, Motion to Strike 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.23
Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...
2023.10.23 Demurrer, Motion to Strike 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.23
Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...
2023.10.23 Demurrer to TAC 647
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.23
Excerpt: ...e not necessary to dispose of Defendants' demurrer. Demurrer: The demurrer to the First Cause of Action is sustained, without leave to amend. The cause of action is barred by the two year statute of limitations. (See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 750; Kent v. Cal. DeVt of Consumer Affairs (E.D. cal. June 28, 2011) 2011 U.S. Dist. LEXIS 69676, at *9; Thomas v. Sonoma county (N.D. cal. July 21, 2013) 2013 U.S. Dist. LEXIS 102...

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