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1686 Results

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2021.06.07 Motion to Compel Testimony at Debtor's Exam 896
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.07
Excerpt: ...ning property and business affairs of the judgment debtor.” (Lee v. Swansboro County Property Owners Assn. (2007) 151 Cal.App.4th 575, 581; Young v. Keele (1987) 188 Cal.App.3d 1090, 1093 [“[T]he examination is intended to be summary and factual according to the widest scope for inquiry concerning property and business affairs of the debtor; the object of the proceeding being to compel the judgment debtor to give information concerning his pr...
2021.06.07 Motion for Leave to Conduct Mental and Physical Exams 636
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.07
Excerpt: ... on Highway US 395 in an unincorporated area of San Bernardino, defendants “negligently and carelessly owned, operated, maintained, entrusted and repaired their vehicle, that the same was caused to, and did, strike plaintiff's vehicle, causing plaintiff to sustain personal injuries [sic].” (Compl. ¶ 5.) Plaintiffs' complaint includes two causes of action: (1) negligence; and (2) loss of consortium (by Lupe). DISCUSSION Statement of the Law A...
2021.06.07 Demurrer, Motion to Strike 740
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.07
Excerpt: ...ent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. 2 DISCUSSION Overall Demurrer Standard The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 364, 367; Hernandez v. City of Pomona (1996) 49 Cal.App.4th 1492, 1497.) As a general rule, in testing a pleading against a demurrer, the facts alleged in the pleading are deemed tr...
2021.06.07 Demurrer, Motion to Strike 246
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.07
Excerpt: ...e grounds that no cause of action is stated is sustained. 1The Court interprets Plaintiff's non‐ opposition as a concession that the demurrers/motion to strike are well taken as to some or all of the grounds asserted by moving Defendant. (Los Angeles Equestrian Center, Inc. v. City of Los Angeles (1993) 17 Cal. App. 4th 432, 450, citing Biljac Associates v. First Interstate Bank (1990) 218 Cal App. 3d 1410, 1420, overruled on a different point....
2021.06.03 Motions in Limine 842
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.06.03
Excerpt: ...ight to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Motion in limine #1 – Exclude Evidence of Defendant Daniel Radoccia's Military Service: Grant. Motion in limine #2 – Reference to Medi‐Cal Insurance and other requests: Grant in part. Evidence that Plaintiff receives medi‐Cal insurance benefits is precluded. Evidence that ...
2021.06.03 Motion for Summary Adjudication 144
Location: San Bernardino
Judge: Tomberlin, John S33
Hearing Date: 2021.06.03
Excerpt: ...l Notice: The Court grants judicial Notice of Exhibit E but denies the balance of the Request as unnecessary as the Court can take judicial notice of court pleadings, without a request. Plaintiff's Evidentiary Objection to Declaration of Edward Sussman: 1. Overrule 2. Sustain 3. Overrule 4. Sustain Defendant's Evidentiary Objection to Plaintiff's Evidence: 1. – 4. Overrule Note: To the extent Defendant is objecting to Plaintiff's separate state...
2021.06.03 Motion for Good Faith Determination 695
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.03
Excerpt: ...27, 2021. Based on the supplemental briefing, the motion is granted. The settlement is within the appropriate range considering the factors set forth in Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499. The Settling Defendants' Financial Condition The settling defendants have made a prima facie showing of limited financial resources that can be directed to a settlement fund. Although a settling defendant's financial co...
2021.06.03 Demurrer 038
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.03
Excerpt: ...rer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) However, the Court does 2 “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) B. Meet and Confer Requirement U...
2021.06.02 Motion to Strike 024
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.02
Excerpt: ...fendants failed to pay minimum wages, overtime wages, and rest period wages, such that these wages were not paid twice monthly because they were not paid at all. Candy Shops, Inc. v. Superior Court (Silva) 210 Cal.App.4th 889, however, held that section 204 addresses only “how wages have been paid,” not “what wages are owed.” (Id. at pp. 904‐905.) Plaintiff argues that Candy Shops is inapplicable because it did not involve a claim for p...
2021.06.02 Motion to File Docs Under Seal, to Sequence Discovery, to Compel Further Responses 348
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.02
Excerpt: ... of public access. Due to the commercial interest, a substantial probability exists that the interest will prejudiced if the information is not sealed. However, the entirety of the documents do not need to be sealed. The parties have failed to file redacted documents as directed. Before granting the motion, the court needs to review the proposed redactions. 2. Motion to sequence discovery: Grant. Williams precludes requiring the representative pl...
2021.05.28 Motion to Compel Arbitration 816
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.28
Excerpt: ...The correct Arbitration Agreement (Exhibit C, rather than Exhibit B) only required employees to sign the agreement if they consented to arbitration. Therefore, defendant's evidence is sufficient to show, at least prima facie, that plaintiff signed. Significantly, plaintiff fails to submit a declaration denying that she signed; she only argues that defendant's showing is insufficient. She is mistaken. A document which has been destroyed or is othe...
2021.05.28 Application for Writ of Attachment 842
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.28
Excerpt: ...6) intentional interference with contractual relations; (7) intentional interference with prospective economic interests; (8) negligent interference with prospective economic advantage; (9) unfair business practices (Bus. & Prof. Code, § 17200); (10) declaratory relief; (11) accounting; and (12) unjust enrichment. In May 2020, CMI approached AWL regarding warehousing and shipping needs. Mark from AWL made representations regarding having require...
2021.05.27 Demurrer, Motion to Strike 540
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.27
Excerpt: ...ence; (4) fraud; and (5) conversion. 2 Proof of service was filed as to Adaimy by substitute service by leaving a copy with Mr, Adaimy's wife and a follow up mailing. (See February 11, 2021 proof of service.) Geico was personally served on December 8, 2020. (See December 18, 2020 proof of service). On March 23, 2021, Plaintiff requested entry of default, which was entered by the Clerk, on March 23, 2021 against Defendant Abdo Adaimy. Thereafter, ...
2021.05.26 Motion to Stay Consolidated Cases 122
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.26
Excerpt: ...meliness grounds. Plaintiff Martinez, however, has not responded to the motion. If Martinez objects to untimely service, the court will continue the hearing. If Martinez does not object, the hearing will proceed as scheduled. Defendant moves to stay the coordinated cases pending resolution of the Lopes case in Alameda County and the settlement in the Diaz case in Orange County. Defendants argue the claims are issue are largely subsumed by those t...
2021.05.26 Motion to Compel Arbitration 234
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.26
Excerpt: ...tly received favorable performance reviews. (¶¶ 9‐10.) In January 2020, Plaintiff notified human resources and his immediate supervisor of the need to take a two‐ week leave, under the California Family Rights Act (CFRA), so he could care for his mother, who was scheduled to undergo hip replacement surgery on February 17, 2020. (¶¶ 11‐13.) While Plaintiff's leave request was granted, he was advised upon his return on March 2, 2020 that ...
2021.05.26 Motion to Bifurcate and Sequence Discovery 832
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.26
Excerpt: ... with merits discovery deferred to the second phase, after a ruling on class certification. Most of the discovery in the first phase will be directed to defendant's policies, procedures, and practices, which will encompass the extent of control defendant exercised over the putative class members, a primary issue for misclassification claims. The detailed discovery regarding damages, and the substantial expense involved in conducting that discover...
2021.05.26 Motion for Terminating Sanctions 861
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.26
Excerpt: ... the history of difficulty in obtaining the deposition of Valeko, Valeko's demand to take the depositions of Defendants' employees prior to his deposition, Valeko's refusal to attend noticed depositions and objections, and the issues raised at the discovery conference. (Yang Decl. at ¶¶2‐14.) Yang's testimony regarding Valeko's refusal to answer simple questions regarding his ability to give competent testimony which could be later used at tr...
2021.05.24 Petition to Compel Arbitration 936
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.24
Excerpt: ...) Statement of Law – Motion to Compel Arbitration 2 California Law Code of Civil Procedure sections 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move t...
2021.05.24 Motion for Summary Judgment, Adjudication 441
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.24
Excerpt: ...g inappropriate comments about his deceased mother, ridiculing his belief in God, calling him and co‐worker Robert lovers, and watching/leering at him and Robert while they changed in the locker room. Although he complained to his supervisor Ibarra, Murillo would deny them and then make false accusations against Mendoza. Ibarra would then write off Mendoza's complaints as silly and a waste of his time. Due to Murillo's false claims against him,...
2021.05.24 Motion for Leave to File FAC 901
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.24
Excerpt: ... allowed. Instead of addressing the prejudice issue, the opposition only focuses on Cabrera's purported prior knowledge of Nancy's identity and the purported time‐ barred nature of the claims. The Court has discretion to deny leave to amend where the proposed pleading is barred on its face (Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 1048; California Casualty General Ins. Co. v. Sup.Ct. (Gorgei) (1985) 173 Cal.App.3d 274, 2...
2021.05.21 Motion for Final Approval of Class Action and PAGA Settlement 776
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.21
Excerpt: ...e or summary listing all the key information would be helpful, rather than requiring the court to ferret out the information. Nevertheless, the settlement appears to be fair and reasonable for the class, for the LWDA, and for the aggrieved employees. The amounts to be deducted from the gross settlement amount for attorney fees, administration costs, incentive fees, and employer‐side payroll taxes are all reasonable and appropriate. Counsel, how...
2021.05.20 Petition to Compel Arbitration 529
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...er compelling the parties to arbitrate a dispute covered by the agreement. California Code of Civil Procedure section 1281.2 provides in pertinent part that: [T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission...
2021.05.20 Motion to Compel Discovery 044
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...hese motions were filed, even with a courtesy meet and confer letter. In opposition, Plaintiff's counsel, Edward Shkolnikov provides a declaration claiming that a recent move to a new office caused them to fall behind on work and that the discovery was mistakenly not calendared for a response. Counsel blames himself (and his paralegal) for the failure. He also claims he missed the meet and confer letter due to the volume of emails he receives. Th...
2021.05.20 Motion for Trial Preference 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.20
Excerpt: ...nd the records contained there so a formal request is unnecessary. (See Columbia Cas. Co. v. Northwestern Nat'l Ins. Co. (1991) 231 Cal.App.3d 457, 473.) The Court has reviewed its file, Exhibits A 2 through D, as well as the Petitions for Guardian ad Litem and Orders for: Jane LLN Doe, entered September 6, 2019; Jane LSC Doe entered August 16, 2019; Jane LSK Doe entered September 25, 2019; Jane LHE Doe entered July 27, 2020, and Jane LGD Doe ent...
2021.05.20 Demurrer, Motion to Strike 238
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ... 94.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded, i.e., ultimate facts alleged, but not contentions, deductions, or conclusions of fact or law. (Adelman v. Associated Int'l. Ins. Co. (2001) 90 Cal.App.4th 352, 359.) The plaintiff's ability to prove the allegations is of no concern in ruling on a demurrer. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d...

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