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1686 Results

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2021.05.20 Demurrer, Motion to Strike 044
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...ient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f)2 ; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross‐complaint has been filed may, within 30 days after service of the complaint or cr...
2021.05.20 Demurrer, Motion to Strike 049
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.20
Excerpt: ...of oral contract or an implied in fact contract sufficient as against a general demurrer. Paragraph 83 specifically provides in exchange for payment of tuition, Director Lopez promised ALCS could handle Lucas4 , would not send him home during the day, and it does not expel students. The alleged agreement not to send Lucas home was definite, and Plaintiffs clearly allege breach. Consideration is also clearly pled—payment of tuition. Just because...
2021.05.19 Motions for Summary Judgment, Adjudication 447
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.19
Excerpt: ...upport of the motion on February 24, 2021. MOTION: 1. Law to Be Applied in A Summary Judgment Motion: “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite 2 their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) Summary judgment is proper where the...
2021.05.19 Motion for Summary Judgment, Adjudication 944
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.19
Excerpt: ...7c, subdivision (c), summary judgment is proper where there is no material fact in dispute as to any essential element of a cause of action. Code of Civil Procedure section 437c, subdivision (p)(1), provides that a plaintiff has met his/her burden of showing there is no defense to a cause of action if he/she has shown each and every element of the cause of action entitling the party to judgment on that cause of action. A defendant has met its bur...
2021.05.19 Demurrer 339
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.19
Excerpt: ...y one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f)1 ; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or c...
2021.05.18 Motion to Compel Deposition, Production of Docs of PMK 445
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.18
Excerpt: ...erson Most Qualified (PMQ). The fact that Defendant asserts in its Opposition that it agrees to all but one of the categories yet argues the other categories is also telling. Finally, this Court would never require a party to re‐produce documents already produced in other discovery. 2 Both counsel are experienced in this area of law and by now should know of and cooperate with each other as to each's discovery needs and save only the real dispu...
2021.05.18 Motion for Summary Judgment 143
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.18
Excerpt: ...asions, and laceration and permanent scarring to MacPherson's nose. (Compl. ¶¶ 5‐12.) Page 2 of 13 On July 23, 2019, MacPherson filed a Complaint against Rodriguez, alleging causes of action for: (1) negligence; (2) strict liability; (3) negligence per se; and (4) premises liability. MacPherson alleges that after the attack, she had to plead with Rodriguez to get help at the hospital. While waiting for medical care, Rodriguez insisted, harass...
2021.05.18 Motion for Preliminary Injunction 853
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.18
Excerpt: ...iance tiers, based on a ten‐year retrospective assessment of operations: Acceptable, Conditionally Acceptable, or Unacceptable. DTSC assigned Hazmat to the Unacceptable tier for 2019 and the Conditionally Acceptable for 2020. The assignments have consequences, although the parties disagree about the immediate consequences. According to Hazmat, the 2019 assignment requires DTSC to initiate permit denial, suspension, or revocation proceedings, an...
2021.05.18 Demurrer, Motion to Strike 184
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.18
Excerpt: ...the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12‐month period.” Subdivision (l) allows the employer to calculate paid sick leave for nonexempt employees in one of two different ways. Subdivision (l)(1) allows paid sick time to “be calculated in the same matter as the regular rate of pay for the w...
2021.05.17 Motion to Determine Scope of Recoverable Damages 141
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.17
Excerpt: ...y Act— Breach of Express Warranty; (2) Violation of Song‐Beverly Act—Breach of Implied Warranty; and (3) Violation of the Song‐Beverly Act, section 1793.2. Page 2 of 12 On March 11, 2021, Defendant filed its “pretrial motion to determine the scope of Plaintiff's recoverable damages.” Plaintiff filed a timely opposition. At that time, trial was set for April 12, 2021. On March 19, 2021, Plaintiff filed his motion to compel the depositi...
2021.05.17 Demurrer 946
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.17
Excerpt: ...nts requested judicial notice of are attached to the Declaration of Moses S. Bardavid, Esq.1 and Plaintiff does not object on this ground so the Court will entertain this Request. Plaintiff objects to Defendants' request on the ground that the interrogatory responses are not proper subjects of judicial notice for purposes of ruling on this demurrer. The objection based on hearsay is easily resolved as there is an exception to the hearsay rule whe...
2021.05.17 Demurrer 006
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.17
Excerpt: ...t Cause of Action – Breach of Contract The elements of a breach of contract cause of action are the existence of the contract, performance by the plaintiff or excuse for nonperformance, breach by the defendant, and damages. (First Commercial Mortgage Co. v. Reece (2001) 89 Cal.App.4th 731.) In the first cause of action, Plaintiff alleges that a copy of the subject written Purchase Agreement is attached to the Complaint as Exhibit 1 “and incor...
2021.05.13 Motion for Summary Judgment 605
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.13
Excerpt: ... to the Court but had not yet been processed. Page | 4 Plaintiff requested a Mandarin interpreter, but there was none available at the time. The Court continued the hearing to May 12th so that Defendants could file an amended declaration of Dr. Sung. The Court ordered Defendants to submit an amended declaration within 10 days and then Plaintiff would have 20 days to file an opposition and Defendants would have 10 days to file a reply. On March 10...
2021.05.13 Demurrer, Motion to Strike 202
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.13
Excerpt: ...ds each of these causes of action fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subds. (e) & (f).) Second Cause of Action – Civil Code § 1942.4 Defendant argues Plaintiffs still fail to name any public officer or enforcement agency that allegedly inspected the property or provided notice to Defendant. Additionally, Plaintiffs fail to allege the date the notice was provided to determine the 35 day...
2021.05.13 Petition for Writ of Mandate 665
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.13
Excerpt: ...eeding, the District and CSEA failed to mutually agree on the selection of a hearing officer under the relevant provisions of Article 17 of the collective bargaining agreement, and that CSEA objected to the selection of H.O. Macklin. [Writ Page 2 of 13 Petition, ¶ 9.] As a result, when Williams was advised that the District had unilaterally selected H.O. Macklin, Williams objected to the selection and asked to participate in the selection of a n...
2021.05.13 Motion to Compel Arbitration 844
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.13
Excerpt: ...blower retaliation statute); (4) FEHA failure to prevent discrimination and harassment; (5) IIED; and constructive discharge in violation of public policy. Page 2 of 13 On March 2, 2021, Defendant filed this motion to compel arbitration. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION Statement of Law California Law Code of Civil Procedure sections 1280 et seq. provide a procedure for the summary determination ...
2021.05.13 Motion to Compel Discovery 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.13
Excerpt: ...ns have been withdrawn by Plaintiffs; therefore, no ruling is made. Motion to Compel Further Responses to Production of Documents (Set 3) Against Defendant Esther Garcia: In the Joint Statement, Defendant Esther Garcia agreed to serve an amended Privilege Log. No such amended Privilege Log has been provided to the Court so the 2 Court asks the parties how it can evaluate a log that is not before the Court? The Court, however, agrees with Plaintif...
2021.05.12 Petition for Writ of Mandate 665
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.12
Excerpt: ...eeding, the District and CSEA failed to mutually agree on the selection of a hearing officer under the relevant provisions of Article 17 of the collective bargaining agreement, and that CSEA objected to the selection of H.O. Macklin. [Writ Page 2 of 13 Petition, ¶ 9.] As a result, when Williams was advised that the District had unilaterally selected H.O. Macklin, Williams objected to the selection and asked to participate in the selection of a n...
2021.05.12 Motions to Compel Discovery 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.12
Excerpt: ... withdrawn by Plaintiffs; therefore, no ruling is made. Motion to Compel Further Responses to Production of Documents (Set 3) Against Defendant Esther Garcia: In the Joint Statement, Defendant Esther Garcia agreed to serve an amended Privilege Log. No such amended Privilege Log has been provided to the Court so the 2 Court asks the parties how it can evaluate a log that is not before the Court? The Court, however, agrees with Plaintiffs that the ...
2021.05.12 Motion to Compel Arbitration 844
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.12
Excerpt: ...lower retaliation statute); (4) FEHA failure to prevent discrimination and harassment; (5) IIED; and constructive discharge in violation of public policy. Page 2 of 13 On March 2, 2021, Defendant filed this motion to compel arbitration. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION Statement of Law California Law Code of Civil Procedure sections 1280 et seq. provide a procedure for the summary determination o...
2021.05.11 Motion for Sanctions 924
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.11
Excerpt: ...ations as alleged in paragraph 22 of the Complaint. (Hudson Decl. Exh. A.) Therefore, defendant argues that Plaintiff and her counsel lack a good faith basis to bring the Complaint. Plaintiff, however, submits her own declaration, stating that during her hiring process she was required to undergo a criminal background check as a condition of employment. She states that Patrick Warden of Defendant's Human Resources Department presented her with a ...
2021.05.11 Motion for Prejudgment Possession 646
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.11
Excerpt: ...ed 2 Motion: The motion is denied, without prejudice. Where a motion for prejudgment possession is opposed, the moving party is required to establish each of the following: (1) the plaintiff is entitled to take the property by eminent domain, (2) the plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article, (3) there is an overriding need for the plaintiff to posses...
2021.05.07 Motion for Class Certification 487
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.07
Excerpt: ...n. On 10/21/20, the court issued a ruling to deny certification based on the court's misunderstanding that plaintiff had failed to submit evidence of numerosity and a trial plan. On 11/2/20, plaintiff filed a motion for reconsideration. On 12/22/20, the court granted plaintiff's motion for reconsideration, based on plaintiff's uncontested submission that there were 344 putative class members and because the court had actually deferred the require...
2021.05.06 Motion for Preliminary Approval of Class Action Settlement 603
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.06
Excerpt: ...l number of work‐weeks in the class period (though May 6, 2021). If this information is not presently available, it can be provided at the time of final approval. At final approval, costs must be specifically itemized. Counsel should be aware that the Court does not award costs for LEXIS or Westlaw research, which the Court considers to be an item of overhead. The Court also limits photocopying charges to $0.06 per page. While the attorney fee ...
2021.05.06 Motion for Final Approval of Class Action and Representative Action Settlement 531
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.06
Excerpt: ...s different from the class members and the PAGA period. The net class settlement is $156,616.12, which will be divided among the 168 class members based on the number of work‐weeks each worked. With 4,951.68 total work‐weeks, each class member will receive $31.02 per work‐week, with the average receipt of $914.38. The PAGA allocation is $10,000, with 75% ($7.500) paid to the LWDA and 25% ($2,500) paid to the aggrieved employees. Counsel sho...

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