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1686 Results

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2021.07.15 Demurrer 434
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.15
Excerpt: ...laintiff's payments and sent a reinstatement demand of $25,920.98, even though Plaintiff made all payments under the modification agreement. On February 19, 2019, Chase recorded a Notice of Default and refused to accept Plaintiff's payments. As a result, Plaintiff lost a tenant. Plaintiff alleges she remains ready, willing, and able to tender payments as required under the parties' agreements. (Compl. ¶¶ 6‐29.) Plaintiff alleges the following...
2021.07.14 Motion to Compel Arbitration and Stay Proceedings 084
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.14
Excerpt: ...hority for the stay of the PAGA claims pending arbitration of the related claims. When a trial court “has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before” the court, it “shall, upon motion of a party . . . stay the action of proceeding until an arbitration is had in accordance with the order to arbitrate . . . .” (§ 1281.4.) “It is irrelevant under the statute whether the movant...
2021.07.14 Motion to Compel Arbitration 150
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.14
Excerpt: ... agreement. [Citations.] Only in limited circumstances may an arbitration agreement be enforced by nonsignatories. One such circumstance is where a benefit is conferred on the nonsignatory as a result of the agreement, making the nonsignatory a third party beneficiary of the arbitration agreement. [Citation.] Another is when the equitable estoppel doctrine applies and a nonsignatory is allowed to enforce an arbitration clause because the claims a...
2021.07.14 Demurrer 540
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.14
Excerpt: ...mended Complaint (FAC) added Defendant Jane Weng. The FAC Page 2 of 10 pleads two causes of action: (1) breach of contract against Chien and (2) breach of the implied covenant against all. The FAC alleges on October 20, 2020, the Trust made an offer to purchase the Subject Property through its agent, Maryam Golbakhsh, to Chien through their broker/agent, Weng. Chien counter‐offered. The Trust accepted the counter‐ offer (¶¶10, 14, 16, 20‐...
2021.07.14 Motion to Dismiss Motion for Summary Judgment 244
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.14
Excerpt: ...Malan (Doe 4) as Defendants. On January 19, 2021, Plaintiff filed a Request for Dismissal, without prejudice, as to Defendant Katherine O'Neill. On April 26, 2021, Defendants Barstow Unified School District, James Davis, Amy McDonald, Jeff Malan and Scott Godfrey filed a Motion for Summary Judgment, with a hearing date of July 7, 2021. On June 16, 2021, Plaintiff moved ex parte to dismiss Defendants' motion for summary judgment or, alternatively,...
2021.07.12 Petition for Writ of Mandate 176
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.12
Excerpt: ...) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIVDS2019176 RULING ON PETITION FOR WRIT OF MANDATE: GRANTED Date: July 12, 2021 Time: 1:30 p.m. Dept: S‐26 ‐ 1 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Introduction Petitioner City of Hesperia (the “City”) seeks a writ of mandate to prevent Respondent Lake Arrowhead Community Services District (the “District”)1 from building a solar en...
2021.07.12 Motion for Summary Adjudication 802
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.07.12
Excerpt: ... to rule on objections 1 and 64‐75, but note all objections proffered in Plaintiff's separate statement should be overruled as improper; b. Overrule objections 2‐12 (including objection “4.5”), 15‐ 26, all three objections numbered “29”, 32‐35, 38‐46, 49‐56, 58‐59, and 61‐63; c. Sustain objections 13 and 27 (hearsay); d. Objection 14 – Allow Plaintiff Anne Marie Meyer an opportunity to cure and properly filed a signed de...
2021.07.08 Motion for Terminating Sanctions 346
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.07.08
Excerpt: ... on May 14, 2021. It has been almost two months since the Court issued this Order and Plaintiff has willfully failed to comply or explain to the Court his failure to answer the three sets of discovery served upon him by Defendant Anji Logistics America Holdings, Inc. Plaintiff has also not contacted Defendant's attorney to request any extension or explain his lack of compliance with the Court's Order. Moreover, there have been four court hearings...
2021.07.07 Motion to Stay 337
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.07
Excerpt: ...violations. But in this case, there are no individual claims being asserted. Therefore, there is no reason to stay the PAGA case, which is prosecuted by the named representative, acting on behalf of the State. No individual claims for damages are at issue, only penalties under PAGA. Defendant's position that plaintiff must pursue Page 2 of 3 individual claims in arbitration before pursuing claims on behalf of the State, for the benefit of the Sta...
2021.07.07 Demurrer, Motion to Stay 561
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.07
Excerpt: ...while the putative class in this case addresses only post‐shift security checks; 3. Tuliau, the first‐filed case, goes back farther in time than this case; and 4. Tuliau includes claims under PAGA, which this case does not. While Tuliau is broader, there are no claims asserted in this case that are not also covered by Tuliau. Plaintiff argues that abatement is improper because the two cases are not identical, insofar as Tuliau is broader. Thi...
2021.07.01 Petition for Writ of Mandate 147
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.07.01
Excerpt: ...ntially to his Parkinson's disease entitling him to a disability retirement under Government Code section 31720. Petitioner argues that SBCERA abused its discretion when it denied him a service‐connected disability retirement. He contends that the detailed medical report of Dr. Bijan Zardouz and Petitioner's testimony, along with that of his wife and other officers, constitute substantial evidence that his employment contributed substantially t...
2021.07.01 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions 653
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.07.01
Excerpt: ... Court cannot handle all of the discovery motions and Informal Discovery Conferences filed and requested as it is underresourced even without the effects of the Pandemic.1 Plaintiff moved aggressively in filing the instant motion the very next business day after the deadline. It also appears that Defense counsel is also under‐resourced because the mistakes and missteps are frequent. The most important order of business at this point is ensuring...
2021.06.30 Demurrer, Motion to Strike 305
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.30
Excerpt: ... alternatives within five business days after recordation of the notice of default. Civil Code, section 2924.9, subdivision (a), indicates “[u]nless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer that offers one or more foreclos...
2021.06.30 Motion to Strike 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.30
Excerpt: ...trike to consider this motion. The transcripts are not necessary in light of the Court's ruling on the motion to strike setting forth the Court's reasoning, which this Court can consider without taking judicial notice. As for the LAUSD decision, it is unnecessary to for the Court to take judicial notice of its existence, because the District can simply cite it. Plaintiff's Request for Judicial Notice: The Court denies the request for judicial not...
2021.06.30 Motion to Compel Deposition 843
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.30
Excerpt: ...e deposition notice. She objected to the unilaterally set date of deposition on the ground that she was unavailable on the noticed date. The parties met and conferred on the issue and ultimately agreed to a deposition date of April 13th. On April 2nd, Defendant served her responses to the document request portion of the deposition notice. On April 4th, Defendant again served objections to the deposition notice—this time based on the fact that d...
2021.06.30 Motion to Compel Discovery 539
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.30
Excerpt: ...he operative Second Amended Cross‐Complaint (“Marini's SACC”) pleads four cross‐claims: (1) abandonment of express easement, (2) nuisance, (3) prescriptive easement, and (4) declaratory relief. Cross‐Defendants Smith answered. And by intervention. MM & CC, Inc. (“MM”) answered. MM also filed a Complaint‐in‐Intervention against Marini alleging causes of action for nuisance and declaratory relief (“MM's Complaint”). Defendants...
2021.06.29 Motion for Summary Judgment, Adjudication 807
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.29
Excerpt: ...ionally under seal until further order of the Court. The party who requests the document be filed under seal shall prepare the necessary order in compliance with CRC 2.550 and 2.551.” Instead of following the court rule for obtaining such order, Plaintiff filed under seal his opposition, separate statement, and all evidence, even though it appear that at best what triggered this is that Harkins produced as confidential, documents attached to th...
2021.06.29 Demurrer 238
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.29
Excerpt: ...ufficient facts since the claims on their face are barred by the statute of limitations. The demurrer Page 2 of 7 is supported by a meet and confer declaration and a request for judicial notice of the complaint and the Court's docket.1 In opposing the demurrer, Young contends that the limitations period was tolled due to Emergency Rule 9 of the California Rules of Court. Young further indicates that the complaint was tendered for filing with OneL...
2021.06.28 Demurrer 050
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.28
Excerpt: ...Cal.App.4th 182, 194, quoting L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2. Demurrer: Civil Code §2100 elevates the duty of a common carrier to a higher affirmative duty. In Ingharm v. Luxor Cab Co. (2001) 93 Cal.App.4th 1045, the court noted that the “duty of due care does not necessarily end when the passenger alights safely from the carrier's vehicle; it ends only when the passenger is disch...
2021.06.25 Motion for Summary Judgment 937
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.25
Excerpt: ...f Good Faith and Fair Dealing; (4) Enforcement of Mechanic's Liens; (5) Violation of Business & Professions Code section 7108.5; and (6) Violation of Civil Code section 8814. Page 2 of 13 This litigation pertains to construction performed on 182 units in six residential buildings known as the “Vintner on Foothill” located at 10130 and 10110 Foothill Boulevard in Rancho Cucamonga (the Vintner Project). Plaintiff alleges that in or about August...
2021.06.25 Motion for Contempt and Attorney Fees 517
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.25
Excerpt: ...t sanctions should not be imposed under Code of Civil Procedure section 1218. (Notice of Motion, p. 3, lines 12‐12.) Code of Civil Procedure section 1209, subdivision (a)(5), provides that disobedience of any lawful judgment, order or process of the court “are contempts of the authority of the court.” (Code Civ. Proc., § 1209, subd. (a)(5); see also, Ketscher v. Superior Court (1970) 9 Cal.App.3d 601, 604.) An individual or entity can be i...
2021.06.24 Motion for Summary Judgment, Adjudication 539
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.24
Excerpt: ...rini filed a Cross‐Complaint against Smith. The operative Second Amended Cross‐Complaint (“Marini's SACC”) pleads four cross‐claims: (1) abandonment of express easement, (2) nuisance, (3) prescriptive easement, and (4) declaratory relief. Cross‐Defendants Smith answered. And by intervention. MM & CC, Inc. (“MM”) answered. MM also filed a Complaint‐in‐Intervention against Marini alleging causes of action for nuisance and declar...
2021.06.24 Demurrer 522
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.24
Excerpt: ...eges that when employees had accrued but unused vacation hours upon separation of employment, Defendant failed to pay for these earned wages at the “final rate” including applicable shift differentials as required by Labor Code section 227.3. (FAC, ¶¶3, 5, 6.) Defendant demurs, asserting that the action is preempted by the federal Labor Management Relations Act of 1947 (29 U.S.C. § 185(a), LMRA) because Plaintiff either claims rights under...
2021.06.23 Petition for Writ of Mandate 813
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.23
Excerpt: ...d on four safety violations. Petitioner appealed the citations to the Occupational Safety and Health Appeals Board (the “Board”). The appeal involved a four‐day evidentiary hearing conducted by an Administrative Law Judge (the “ALJ”). The ALJ issued a decision upholding two of the citations containing three of the violations, but vacated Citation 2, which involved a $15,300 penalty against Petitioner for violation of 8 Cal. Code Regs. s...
2021.06.23 Motion to be Relieved as Counsel 240
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.23
Excerpt: ...rney to withdraw from its representation falls within the discretion of the trial court, and a trial court properly exercises such discretion if withdrawal can be accomplished without undue prejudice to the client's interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The Motion must be accompanied by a declaration that “state[s] in general terms and without compromising the confidentiality of the attorney‐client relationship wh...

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