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1663 Results

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2021.03.22 Motion for Final Approval of Class Action and PAGA Settlement 515
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.03.22
Excerpt: ... is approved. The amount sought for incentive fees is high, but there were no objections raised by the any of the 555 class members and aggrieved employees. Furthermore, reducing the incentive awards would result in relatively small increases in the individual payments. The Court will schedule a hearing to confirm final distribution of funds approximately one year out. ...
2021.03.19 Motion for Summary Judgment, Adjudication 744
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.19
Excerpt: ...e is denied as unnecessary. B. Motion: The unopposed motion for summary judgment is granted. The cross‐defendant has established it has no involvement in this litigation as it did not contract for, authorize or perform any work at the Subject 2 Property. (UMF 5 – 9; Declaration of Greg Moline; Deposition excerpts of Caryn Baitel). II. Defendant Greg Moline, individually and dba Triton Builder's Motion for Summary Judgment/Adjudication of the ...
2021.03.18 Motion to Increase Bond 734
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.18
Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...
2021.03.18 Motion for Sanctions 734
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.18
Excerpt: ... Proc., §128.7, subd. (d); Malovec v. Hamrell (1999) 70 Cal.App.4th 434, 441.) Section 128.7, subdivision (b) states: By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circums...
2021.03.18 Demurrer 304
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.18
Excerpt: ...condition at the time of the injury.” (Gov. Code, § 835.) Instead, all Plaintiff alleges is that Gonzales and Erickson, both of whom are Chaffey employees, created the dangerous condition when they had Plaintiff run full speed throughout the gymnasium while blindfolded. (¶¶ 9‐10, 16, 20‐21, 30‐33.) While Plaintiff does generally allege the premises were “in a dangerous, defective and unsafe condition,” and that Chaffey “failed to...
2021.03.18 Demurrer 149
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.18
Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...
2021.03.17 Motion to Set Aside and Vacate and Enter Another and Different Judgment 637
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.17
Excerpt: ...he arguments raise afford the relief requested, whether under section 663 or otherwise. On this basis alone, the motion could be denied. (See Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 931 [Trial court does not abuse its discretion by denying motion containing no discussion relating to the facts of the case or to the law cited].) The opening brief and supporting evidence were also filed late pursuant to the ...
2021.03.17 Demurrer, Motion to Strike 701
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.17
Excerpt: ... argue the fraud causes of action are not pleaded with the requisite particularity. Defendants argue the allegations are conclusory. In opposition, Plaintiff references allegations from the Complaint and argues that she has pled sufficient facts to support her fraud claims. Plaintiff states that the special demurrer fails to specify in what particulars the pleading is uncertain. Analysis The elements of actionable fraud are: “(1) a false repres...
2021.03.15 Motions for Relief from Waiver of Objections 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.15
Excerpt: ...TORIES (SET #3): C. DEFENDANT ESTHER GARCIA'S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS RE DEMAND FOR PRODUCTION (SET #3): 2 In the exercise of the Court's discretion, the motions are granted. Preliminarily, it would be the height of pettiness for the Court to deny the relief (which has significant consequences for a party) because the caption was incorrect.1 The Court agrees with defense counsel that a plain reading of the statutes providing f...
2021.03.15 Demurrer 737
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.15
Excerpt: ...evidence can be considered. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) 2 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. (Serrano v. Priest (1971) 5 Cal.3d 584, 591; Adelman v. Associated Int'l. Ins. Co. (2001) 90 Cal.App.4th 352, 359.) Facts app...
2021.03.15 Demurrer 642
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.15
Excerpt: ... fact or law, and may consider exhibits attached to the complaint. (Id. at 732‐33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret the complaint reasonably, reading it as a whole and considering all parts in their context. (Hale v. Sharp Healthcare (2010) 183 Ca...
2021.03.11 Motion to Compel Discovery 849
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.11
Excerpt: ...or the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. Fireman's Fund Ins. Co. v. Superior Court (1991) 233 Cal.App.3d 1138, 1141. A protective Order will obviate, in most cases,...
2021.03.10 Motion to Compel Arbitration, To Stay 350
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.10
Excerpt: ... precedential value, only one of them, an unsigned superior court tentative ruling, addresses the pivotal issue raised in this motion, which is whether the employer demonstrated the employee e‐signed the agreement. (See Ex. G.) Because analysis of that issue involves analysis of specific facts unique to each case, an unrelated trial court ruling is irrelevant. RANDSTAD/AIO Acquisition (AIO)'s Motion to Compel Arbitration: The motion is granted....
2021.03.10 Motion for Leave to File Amended Pleading 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.10
Excerpt: ...efendants opposed the motion and, inter alia, argued that the pleading was unclear as to what was sought to be amended. On January 19, 2021, the Court continued the motion to allow Plaintiffs to clarify the amendments and provide a red‐lined version of the changes to the current complaint, along with a clean version of the Amended Complaint. In addition, the Court requested further briefing on the issue of whether or not the Court had the power...
2021.03.09 Motion to Compel IME, for Protective Order 538
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.09
Excerpt: ...AMINATION Statement of Law – Compel Medical Examination A defendant can seek a medical examination with leave of court pursuant to Code of Civil Procedure section 2032.310. The notice of motion must set forth the time, place, identity, and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The moving party must include a declaration showing a good faith at...
2021.03.08 Motion for Leave to File Complaint 637
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.08
Excerpt: ... On December 21, 2020, the Court overruled Defendants' demurrer to Plaintiff's complaint. The Court ordered Defendants to file their answer within 30 days. On January 19, 2021, Defendants answered. On February 9, 2021, SCITC and Spectrum (“Moving Defendants”) filed this motion for leave to file a cross‐complaint against Plaintiff and a third‐party, Katya Linky. DISCUSSION Code of Civil Procedure section 428.50 provides: (a) A party shall ...
2021.03.04 Motion for Judgment on the Pleadings 941
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.04
Excerpt: ...s, fluoroscopy procedures had been conducted at Hospital by staff who do not hold the requisite fluoroscopy permits, under the direction and supervision of a certified supervisor or operator. (¶44.) Accordingly, Hospital violated Health and Safety Code section 1071110, and is liable for $5,000 per offense, for an estimated $3.6 million. (¶¶47‐48.) At issue is a motion for judgment on the pleadings. 2 DISCUSSION Statement of Law – Motion fo...
2021.03.03 Motion for Summary Judgment, Adjudication 250
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.03
Excerpt: ...aphs 10, 13, 15, and 16 are contractually binding and enforceable. (DF ##35‐36; Susan Morales (SUSAN1 ) Declaration at ¶17, Exh. 3, p. 3.) While Defendants dispute this, asserting in her deposition SUSAN testified that she did not believe the letter of intent was a contract. However, Defendants do not offer any legal authority that the subjective testimony of a corporate officer to an agreement 1 Since both individual Plaintiffs have the same ...
2021.03.03 Motion for Summary Judgment 605
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.03
Excerpt: ... to raise a triable issue of material fact. This is immaterial because the moving party Page | 2 bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., (2001) 25 Cal. 4th 826, 850‐851. Where the plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Cod...
2021.03.03 Demurrers 538
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.03.03
Excerpt: ... to raise a triable issue of material fact. This is immaterial because the moving party Page | 2 bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., (2001) 25 Cal. 4th 826, 850‐851. Where the plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Cod...
2021.03.02 Demurrer 098
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.03.02
Excerpt: ...portion of the purchase price of PWT. Under its terms, Rees agreed not to compete with Plaintiff without Plaintiff's written consent anywhere in the United States. Rees was to protect all confidential information and not disclose or use for his own account. Rees was not to employ any of Plaintiff's employees or encourage them to leave Plaintiff's employ. (Complaint, ¶¶147‐151.) Plaintiff further alleges Rees breached when he started Vazza onl...
2021.03.01 Motions to Compel Discovery 148
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.03.01
Excerpt: ...ion of documents to Request for Production of Documents (Set 1): All motions are granted. Defendant BaronHR West Inc.'s remedy upon receiving the discovery was to seek a protective order that it need not respond until the issue of arbitration is determined. It did not do that. Defendant has not sought to compel Flores to arbitration. Defendant does not offer any case law or authority that it can hide behind it holding a signed arbitration agreeme...
2021.02.25 Motion for Breach of Arbitration Agreement, to Lift Stay, for Sanctions 703
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.02.25
Excerpt: ...fore the arbitration can proceed, if the fees or costs to initiate an 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 arbitration under Section 1281.2. (b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (a), the employee or consumer m...
2021.02.25 Demurrers, Motion to Strike 452
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.02.25
Excerpt: ...up, LLC as that party was dismissed on February 11, 2021.The unopposed demurrer to the Tenth Cause of Action (Quantum Meruit) is sustained as to Cross‐defendant PRG SANS, LLC. Unless Cross‐complainant EAGLE can make an offer of proof as to how the cause of action may be amended to state a viable cause of action, the demurrer is sustained, without leave to amend. In that event, moving party shall submit a Judgment of Dismissal prior to the nex...
2021.02.24 Motion to Compel Arbitration 074
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.02.24
Excerpt: ...he employment paperwork, and had to do so on his cell phone as he did not have a computer at home. The documents were not explained to him and no copies were sent. (Hunkin Decl. at ¶2.) Contracts of adhesion in the arbitration setting of this nature constitute only modest procedural unconscionability. Da Loc Nguyen v. Applied Medical Resources Corporation (2016) 4 Cal.App.5th 232, 248. [4th Dist.] The significant impediment to arbitration is the...

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