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1686 Results

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2021.04.20 Motion for Leave to File Amended Answer 203
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.20
Excerpt: ...'s counsel, David M. DeBerry, also declares the statute of limitations defense has also been the subject of written discovery propounded on Plaintiffs. (DeBerry Decl., ¶7.) DeBerry further declares at the demurrer hearing in early 2020, Great Dane requested a limited discovery stay to allow it to proceed with a summary judgment motion on the statute of limitations defense. (DeBerry Decl., ¶8.) Great Dane argues the omission of the statute of li...
2021.04.20 Motion for Trial Continuance 506
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.20
Excerpt: ... at the time of the determination.' [Citation.]” (Bussard, supra, 164 Cal.App.4th at p. 864.) Liberality should be exercised in granting continuances when they are not prejudicial to the other parties. (Capital Nat. Bank of Sacramento, supra, 62 Cal.App.2d at p. 339.) Further, and as noted, in determining whether good cause exists to continue trial, “threats to procedural fairness” is a “touchstone for granting such a motion.” (Panoche,...
2021.04.16 Motion to Bifurcate 655
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.16
Excerpt: ...l analysis whether phasing or not phasing the trial would result in undue prejudice for one party or another. Finally, there is no reason to believe that an unphased trial will result in confusion for the jury. Appropriate jury instructions and a carefully worded special verdict can guide the jury appropriately. ...
2021.04.16 Demurrer 899
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.16
Excerpt: ...Gonzalez. But if the judgment in Staublein is reversed, this case could then proceed, but only for the time‐period after the time‐period covered by Staublein. The most sensible approach is to stay this case in its entirety pending resolution of Staublein, as plaintiff offered before defendant filed the demurrer. The demurrers are therefore overruled. No answer is required at this time because the matter is stayed pending resolution of the Sta...
2021.04.15 Motion to Set Aside Judgment 453
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.15
Excerpt: ...ess was. This issue was addressed at length in Lasalle v. Vogel (2019) 36 Cal.App.5th127 [4th Dist.] where a judgment was reversed based on a default where the only notice that default would be taken was sent by email and a letter demanding an answer be filed the following day, noting that Code of Civil Procedure section 583.130 requires cooperation between the parties in bringing the action to trial. [other citations omitted] ˋSo what we review...
2021.04.15 Motion for Summary Judgment, Adjudication 743
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.15
Excerpt: ...he woman behind the hotel desk or the assistant manager. The moving party must satisfy his or her initial burden before the opposing party must controvert anything. (§ 437c, subd. (p)(1), (2).) Accordingly, a moving defendant who claims that the plaintiff cannot prove all the elements of his case must present evidence in support of this claim. The defendant cannot simply challenge the plaintiff to prove his case by opposition. (Aguilar, supra, 2...
2021.04.15 Motion for Protective Order 845
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.15
Excerpt: ...r consideration of the motion. It would appear that the point of this was to demonstrate to the Court the extent of prior significant discovery (although not exclusively to the moving party.) Defendant Bridgestone Corporation's counsel is admonished to refrain from filing unnecessarily long exhibit packages. In the alternative, a chart would have sufficed ‐ it is unnecessary to fill the court's files in order to demonstrate this point. The Cour...
2021.04.14 Motion to Compel Compliance with Subpoena for Production of Docs 606
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.14
Excerpt: ...pers supporting a motion to compel an answer to a deposition question or to compel production of a document, electronically stored information, or tangible thing from a nonparty deponent must be personally served on the nonparty deponent.” On the other hand, when a subpoena is properly served upon an organization that is a California resident (such as leaving it with any officer, director, or custodian of records or with any agent or employee a...
2021.04.14 Motion for Preliminary Approval of Class Action Settlement 914
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.14
Excerpt: ...ed their employment before commencement of the PAGA period. Second, counsel should clarify whether members of the exempt subclass are also aggrieved employees. Counsel should inform the Court of the total number of aggrieved employees. Counsel should also exclude the $12,500 allocated for those aggrieved employees under PAGA from the calculations for distribution to the two subclasses. The gross settlement amount is $1,850,000, with $50,000 of th...
2021.04.14 Motion for Final Approval of Class Action Settlement 423
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.14
Excerpt: ...rded. The requested attorney fee and administrator fee are appropriate and reasonable and are approved. The incentive award, while at the high end of reasonable incentives, Page 3 of 3 is approved in light of the amount of the settlement and the fact that no class member has objected to it. There appears to be a discrepancy in the papers about the size of the class after opt outs—5,605 or 5,604. Counsel should clarify. Also, counsel should prov...
2021.04.14 Demurrer 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.14
Excerpt: ... aggrieved employee may bring a civil action “within one year from the date of that notice.” (Gov. Code, § 12965, subd. (b).) Given the May 24, 2019 right‐to‐sue notice, Plaintiff ordinarily would have had to file his Motion by Tuesday, May 26, 2020, as the one‐year period expired on Sunday, May 24, and as May 25 was the Memorial Day holiday. (§§ 10, 12 12a, subd. (a), 12b.) However, as Plaintiff points out, on April 6, 2020, the Jud...
2021.04.13 Motion to Compel Further Responses, for Protective Order 602
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.13
Excerpt: ... to control the deposition proceedings or the information obtained thereby. (See Code Civ. Proc., § 2025.420.) The court is empowered to issue whatever order “justice requires” to protect a party or deponent against “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) Generally, this requires a showing that the burdens involved in the deposition proceeding clearly ...
2021.04.12 Demurrer 807
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.12
Excerpt: ...thout an allegation of tender, a complaint challenging a foreclosure does not state a cause of action. (Karlsen v. Gibralter Sav. & Loan Assn. (1974) 15 Cal.App.3d 112, 117.) “It has been held that, at least when seeking to set aside the foreclosure sale, the plaintiff must also show prejudice and a tender of the amount of the secured indebtedness, or an excuse of tender.” (Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 929.) Howe...
2021.04.12 Petition to Vacate Arbitration Award 747
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.12
Excerpt: ...). The Court may review binding arbitration awards in accordance with the statutory grounds for vacating or correcting. (Moshonov v. Walsh (2001) 22 Cal. 4th 771, 775.) However, a court may not vacate or correct an award because of the arbitrator's legal or factual error if such is within the scope of the controversy submitted to the arbitrator. Id. After an arbitrator has issued an award, the role of the trial court is limited to confirming, cor...
2021.04.12 Motion for Judgment on the Pleadings 004
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.12
Excerpt: ...tion, meaning she has waived these issues1 . (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288.) Next, and as to the first cause of action for breach of contract, “‘[a] written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. [Citation.] In order to plead a contract by its legal effec...
2021.04.12 Motion to Consolidate 445
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.12
Excerpt: ...on be filed as coverage is in dispute. There is no danger of inconsistent adjudications because the issues involved in the two action do not overlap. Trial Setting Conference: The Trial Setting Conference is continued to July 12, 2021, at 9:00 a.m. in Department S29. Court Call appearance only. Unless waived by the parties, moving party is directed to give notice of ruling. ...
2021.04.09 Motion to Abate 707
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.09
Excerpt: ...ehalf of the same group of aggrieved employees. Under the doctrine of exclusive concurrent jurisdiction, there need not be an absolute identify of parties, causes of action, or remedies. It need not be shown that judgment in one action would be res judicata in the other. Despite minor differences, the claims in these two cases are largely the same. The motion is therefore granted. This case is abated pending resolution of the Johnson case. ...
2021.04.08 Motion for Protective Order 402
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.08
Excerpt: ...cessary because the majority of the communications between Ms. Brody and attorney Kevin Crockett were in writing, Ms. Brody is a witness to the purported settlement agreement. For this reason, Plaintiff is entitled to take her deposition. However, the Court agrees with Defendant that the scope of the deposition should be limited to Ms. Brody's communications (both written and oral) with attorney Kevin Crockett between May 5, 2020 and August 5, 20...
2021.04.08 Motion for Attorney Fees 503
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.08
Excerpt: ...ts pursuant to Code of Civil Procedure § 1032 and attorneys' fees incurred prior to July 1, 2019 as allowed by California law and to be determined by the Court to be necessary and reasonable for the prosecution of this action. 7. It is expressly understood that only those attorneys' fees and costs incurred prior to July 1, 2019 are eligible to be awarded. There shall be no allowance for fees and costs incurred for the mediation or for submitting...
2021.04.08 Demurrer, Motion to Strike 949
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.04.08
Excerpt: ...murrer to the Fifth Cause of Action is sustained, with leave to amend. All of the elements are not pled and a statutory basis for liability needs to be pled as well. 3. The demurrers to the Second and Sixth Causes of Action are overruled. As to the Second Cause of Action, the allegations are sufficient and as to the Sixth 2 Cause of Action, Defendants have failed to cite any legal authorities to support their demurrer.1 Defendant Bertrand Christo...
2021.04.07 Motion to Compel Further Responses, for Monetary Sanctions 100
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.07
Excerpt: ...motion and still has not filed verified supplemental/further responses to Plaintiff's FRG#1. Defendant filed Oppositions on the grounds that on February 25, 2021, Defendant served its Further Responses to FRG#1. In her Reply, Plaintiff agrees that Defendant served its Further Responses to FRG#1, however, those responses were unverified and provided the same “n/a” responses although in same cases with an add clarify. Also in her Reply, Plainti...
2021.04.07 Motion for Judgment on the Pleadings 806
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.07
Excerpt: ...rt takes the matter off calendar and the movant can refile when a code compliant meet and confer is accomplished. In doing the above, the Court suggests the parties discuss the following: As the loss of consortium is a common law cause of action, it cannot lie against CalTrans. In opposing, Plaintiff Guadalupe points to two cases. In Salas v. Department of Transportation (2011) 198 Cal.App.4th 1058, 1066, fn. 3, the Court of Appeal held in conjun...
2021.04.06 Motion to Compel Production of Docs 322
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.06
Excerpt: ... such as Mr. Hernandez. Defendant still seeks monetary sanctions, however, based on the time expended litigating the issue while Mr. Hernandez was still a named plaintiff. The motion, however, is untimely because the parties stipulated that section “2031.010 et seq. shall apply to the responses . . . for all intents and purposes.” As such, the deadline for filing a further response is based on the document production requests, which expired, ...
2021.04.06 Demurrer, Motion to Strike 000
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.04.06
Excerpt: ...s treated as a admission that the motion is meritorious.) As a result, the parties failure to oppose the Demurrer is construed as an admission that there are no fact that could be alleged to cure the defects in the pleadings and that the Demurrer is meritorious. The Demurrer is sustained with 10 days leave to amend. The Motion to Strike is moot based upon the demurrer ruling. Date _ Judge ...
2021.04.06 Demurrer 319
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.04.06
Excerpt: ...re‐Angel on March 18, 2021. Therefore, despite overlap in the two cases, Filamore‐Angel is no longer “another action pending.” Nevertheless, claims asserted in the Allen matter may be barred under the doctrine of res judicata due to their resolution in the Filamore‐Angel matter. But that is not the ground on which defendant demurred. Even though the underlying issues may be the same—whether claims asserted in Allen extend farther back...

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