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1686 Results

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2021.06.23 Demurrer, Motion to Strike 141
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.23
Excerpt: ...ngham, resided. (¶¶ 1, 13.) As part of these repairs, MCC instructed Plaintiffs to stop running the water in their home until the repairs were completed. (¶ 13.) On or about February 21, 2017, once the repairs were completed, Plaintiffs noticed the drain in the property was slow and gurgled when used. (¶ 14.) Plaintiffs were out of town from February 25, 2017 through March 11, 2017. (¶ 14.) Upon their return, Plaintiffs were washing clothes ...
2021.06.22 Motion for Final Approval of Class Action and PAGA Settlement 200
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.22
Excerpt: ...ts are sought in the amount of $17,901.15. Counsel, however, has failed to present an itemization of costs in a manner that the court can easily evaluate. Rather than summarizing the costs in a single location, the costs are documented in three separate places: the Karim Declaration ($2,304.44), the Westrick Declaration ($4,256.77), and the Crosner Declaration ($11,264.94). None of the costs were easy to Page 2 of 2 locate, because counsel submit...
2021.06.22 Motion to Compel Further Responses 238
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.22
Excerpt: ...larations in support of each motion which evidence the same meet and confer efforts. References herein are specific to the declaration in support of Plaintiff's motion to compel re: RFPs, but the same analysis applies to each motion. Page 2 of 14 and motion extension to which GM did not respond. (Macioce Decl. re: RFPs, ¶¶7‐14; Exhs. 4‐ 9.) GM argues the meet and confer was not in good faith because Plaintiff took unreasonable positions and...
2021.06.21 Motion to Compel Further Responses 338
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.21
Excerpt: ...mer Warranty Act), (2) breach of implied warranties (Song Beverly Consumer Warranty Act), (3) violation of the Song‐Beverly Act, Section 1793.2, and (4) negligent repair. Before the Court at this time is Plaintiffs' Motion to Compel Further Discovery Responses from Defendant, and Request for Sanctions (the “Motion”). By way of the Motion, Plaintiffs seek an Order compelling Defendant GM to provide further responses to Requests for Productio...
2021.06.21 Motion for Summary Judgment, Adjudication 539
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.21
Excerpt: ...ni Jr. and Monica Theresa Marini own the adjoining property at 42900 Big Bear Boulevard, which is commonly referred to as the Convention Center Property. In response to the initial lawsuit, the Marinis filed a Cross‐Complaint, a First Amended Cross‐Complaint, and a Second Amended Cross‐ Complaint against the Smiths on May 15, 2018, October 10, 2018, and December 7, 2018, respectively. In their Second Amended Cross‐Complaint (SACC), the Ma...
2021.06.21 Motion for Summary Judgment 605
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.21
Excerpt: ... had been presented to the Court but had not yet been processed. (Minutes 3/3/21.) Plaintiff requested a Mandarin interpreter, but there was none available at the time. The Court continued the hearing to May 12th so Chen could file an amended expert declaration. On March 10, 2021, Defendants filed an amended declaration of Dr. Sung.5 On May 12, 2021, at the continued MSJ hearing, the Court granted Plaintiff's request for another continuance of th...
2021.06.21 Motion for Attorney Fees 366
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.21
Excerpt: ... the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee . . . to proceed with that arbitration as a result of the material breach. (b) If the drafting party material breaches the arbitration agreement and is in default under subdivision (a), ...
2021.06.18 Demurrers, Motions to Strike 782
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.18
Excerpt: ...neral Act, Labor Code section 2698 et seq. (“PAGA”). Each cause of action in the class action complaint is expressly predicated on California law: 1. Failure to Pay All Wages Owed, including Minimum Wages (Labor Code §§ 1194, 1197, 1198) 2. Failure to Pay Overtime (Labor Code §§ 510, 1194) 3. Failure to Provide Lawful Meal Periods (Labor Code § 512) 4. Failure to Authorize and Permit Lawful Rest Periods (Labor Code § 226.7) 5. Failure t...
2021.06.17 Motion to Consolidate 305
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.17
Excerpt: ...she tripped and fell (Wall case). Plaintiff asserts that after her accidents her physical condition deteriorated and she has since developed neuropathic pain and Complex Regional Pain Syndrome. Therefore, she asserts, her medical records overlap. The Justice Declaration filed in support of the motion only was filed in the Wall case. He states that he is attaching copies of medical records to reveal how two doctors are treating Plaintiff for both ...
2021.06.17 Motion for Leave to File SAC 240
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.17
Excerpt: ...or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Procedurally, a motion to amend a pleading must (1) include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous p...
2021.06.16 Motion to Quash, for Protective Order 205
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.16
Excerpt: ...ntinued to October 18, 2021, and the parties agreed “the cut‐off dates tied to the trial date will not be extended to the new trial date with the exception of expert discovery and the ability to serve supplemental discovery pursuant to CCP sections 2030.070 and 2013.050.” [See, Bennett Decl., Exh. A.] The corresponding Order echoed the language in the Stipulation, and ordered: “The statutory discovery cut‐off with respect [to] supplemen...
2021.06.16 Motion for Summary Judgment
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.16
Excerpt: ...o the freeway on‐ramp for Ramona Avenue, they drove over an unmarked uplift of the payment, which is part of the draining system, located at the beginning of the on‐ramp. This caused the motorcycle to jump up and driver Page 2 of 9 Courtney Gordon to lose control and crash. (Compl. ¶¶ 2, 4‐5.) Plaintiffs allege the following causes of action: (1) dangerous condition of public property; and (2) negligence. As part of the dangerous conditio...
2021.06.15 Demurrer 151
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.15
Excerpt: ... The demurrer is sustained, with thirty days leave to amend. To state a viable cause of action, facts must be alleged which affirmatively show non‐compliance with the ADA and 28 C.F.R § 36.302(e)(1)(ii). Since it may be permissible for a hotel to merely label its rooms, hotel, etc. as “accessible,” the burden is on plaintiff to allege facts demonstrating why that designation violates the ADA and related regulation (See Love v. Wildcats Own...
2021.06.15 Motion for Leave to Have Stay Lift to File Amended Complaint 150
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.15
Excerpt: ...e is mandatory. c. The statute of limitations has expired. According to Talavera's notice to the LWDA, his last day of employment was March 15, 2019. He had one year to file a lawsuit. (Code Civ. Proc., § 340, subd. (a); Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839.) Under normal circumstances, the limitations period would expire March 15, 2019. Two periods of tolling, however, extended the deadline. Apparently by agreement, the st...
2021.06.15 Demurrer 642
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.15
Excerpt: ...rp. v. Structural Materials Co. Page 2 of 8 (1981) 123 Cal.App.3d 593, 604.) 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 taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) General Demurrer All that is necessary as against a general demurrer is to plead facts showin...
2021.06.15 Motion for Interlocutory Judgment or Partition and Appointment of Referee 147
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.15
Excerpt: ... Plaintiff does not provide the Court with any authority for the Court to grant this relief by motion and not by a contested trial. “No partition can be had until the interests of all the parties have been ascertained and settled by a trial. Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; see further Code Civ. Proc., §872.610. The motion is further defective for failure to join all necessary parties. In a partition action, the “plaintiff shall...
2021.06.14 Motion to Quash Deposition Subpoena 339
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.14
Excerpt: ... left‐hand turn, it was struck by another vehicle being driven by defendant Jonathon Arden, a San Bernardino County Sheriff Officer, who was on duty at the time of the collision, and who was allegedly driving twice the speed limit and without his lights or sirens activated. Page 2 of 6 Through the operative second amended complaint (SAC), Barajas asserts claims for (1) dangerous condition of public property against defendants CalTrans, Town of ...
2021.06.10 Motion to Compel Further Responses 244
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.10
Excerpt: ...ndment, Laura Moore, Scott Godfrey, Dr. Amy McDonald, and Jeffrey Malan. Jane Doe also dismissed O'Neil without prejudice (as she is apparently now deceased). According to the complaint, the abuse occurred on school grounds and the District was negligent in hiring and Page 2 of 7 retaining O'Neil. Jane Doe further alleges that Davis was informed that O'Neil had falsified an off‐campus lunch permit by signing in place of a parent or legal guardi...
2021.06.09 Motion for Summary Judgment, Adjudication 653
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.09
Excerpt: ...ted. a. First and Second Causes of Action: Defendants did not breach any contractual or implied contractual provision of the Trust Deed when they were entitled to collect monies into an escrow account from Plaintiffs to cover property taxes and hazard property insurance, and were entitled to obtain their own property hazard insurance upon no proof of such 2 coverage from Plaintiffs. Plaintiffs breached the Trust Deed when they stopped paying thei...
2021.06.09 Motion for Summary Judgment 002
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.09
Excerpt: ...2017, the employee named CMA as a defendant. Mr. Jones eventually dismissed CMA from his lawsuit. (Compl. ¶¶7‐8.) Prior to the accident, WJE used Defendant Genesis as an insurance broker to obtain motor carriers insurance coverage. (Compl. ¶4.) In the Jones action, CMA tendered its defense to WJE and its insurer State National Insurance Company, which was refused. As a result, CMA incurred attorney's fees and costs in defending the Jones act...
2021.06.09 Demurrer 304
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.09
Excerpt: ...of an act or omission of the public entity or a public employee or any other person and (b) The liability of a public entity established by this part (commencing with Section 814) is subject 1 The Demurrer states it is being brought by all three defendants. However, only Chaffey is a defendant as to the second cause of action for dangerous condition of public property. Page | 2 to any immunity of the public entity provided by statute, including t...
2021.06.08 Motion to Compel Further Responses 538
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.08
Excerpt: ... Discrimination in Violation of FEHA; (3) Failure to Prevent Harassment and Discrimination in Violation of FEHA; (4) Retaliation for Whistleblowing Activities in Violation of Labor Code section 1102.5; and (5) Intentional Infliction of Emotional Distress. This case was consolidated for law and motion purposes and transferred to Dept. 28 with four other cases, CIVDS2012538, CIVDS2012926, CIVSB2025375, and CIVSB2025900. In the Aboud v. Valdivia mat...
2021.06.08 Motion for Summary Judgment 240
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.08
Excerpt: ...efendant Steel Machinery answered; no answer, default, or dismissal is on file for Delta Steel. The Complaint alleges Plaintiff McKey lost two fingers from his right hand on October 30, 2016, while using a Delta Leveling Line that was sold by Defendants Delta Steel and/or Steel Machinery. Defendant Steel Machinery filed a Cross‐Complaint against California Steel Services, Inc. fka Tehran Sanaat (esa Tehran Sanaat, Inc. dba California Steel Serv...
2021.06.08 Demurrer, Motion to Strike 638
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.08
Excerpt: ...n to strike were filed but before they were heard, the operative First Amended Complaint was filed on December 7, 2020, alleging the following causes of action: (1) breach of duty of care; (2) breach of contract; (3) fraud / intentional misrepresentation; (4) conspiracy tort – fraudulent misrepresentation; and (5) intentional infliction of emotional distress. DISCUSSION Legal Standard – Demurrer A demurrer challenges defects appearing on the ...
2021.06.07 Motion to Strike Punitive Damages 106
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.06.07
Excerpt: ...oyed certain information on a protected computer within the meaning of the statute. Due to Defendant's alleged actions, Plaintiff seeks punitive damages from Defendant. (See FAC ¶ 82 and Prayer for Relief, ¶ 7.) Contrary to Defendant's arguments and assertions, Plaintiff has alleged sufficient facts in her FAC to allow for recovery of punitive damages if those damages are available based upon the causes of action alleged. However, Defendant arg...

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