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2023.10.23 Demurrer 703
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.23
Excerpt: ...sability is unable to perform his/her essential duties even with reasonable accommodations or cannot perform those duties in a manner that would not endanger others even with reasonable accommodations. (Gov. Code S 12940, subd. (a) Further, under California Government Code section 12926, subdivision (m), physical disability is defined as: "(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that d...
2023.10.23 Application for Writ of Attachment 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.23
Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...
2023.10.20 Motion for Leave to File SAC 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.20
Excerpt: ...iffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...
2023.10.19 Motion for Summary Judgment 755
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.19
Excerpt: ...mplied in fact; (3) common count - money lent by plaintiff to defendant; (4) common count - money paid, laid out, and expended to or for defendant at defendant's special instance and request; (5) common count - open book account; and (6) common count - account stated. Wells Fargo seeks to recover $5,193.72 in damages. Wells Fargo filed the pending motion for summary judgment. The original August 7, 2023 hearing date was continued to October 19, 2...
2023.10.19 Motion for Reconsideration 710
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.19
Excerpt: ..., LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the Page | 2 licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint and wr...
2023.10.19 Motion for Judgment on the Pleadings 150
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.19
Excerpt: ...tention that under cases such as Williams v. Horvath (1975) 16 Cal.3d 834, 838 (Williams), and State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240 (Bodde), sovereign immunity only is waived if the requirements of the Government Claim Act, including compliance with the claim presentation requirement, are met. It argues that the claim presentation requirement is a substantive element for a cause of action against a public ent...
2023.10.19 Demurrer 098
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.19
Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...
2023.10.19 Motion to Strike Punitive Damages 752
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.19
Excerpt: ...inadequate service or notice of motion]; See also Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of moton"].) The motion is granted, with thirty (30) days leave to amend. In the alternative, should Plaintiff decide not to amend at this time, the motion i...
2023.10.18 Demurrer, Motion to Strike 692
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.18
Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). 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 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...
2023.10.18 Demurrer 149
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.18
Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...
2023.10.18 Motion to Contest Good Faith Settlement Determination 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.18
Excerpt: ... as to why the untimeliness of this motion was not addressed. However, the Court is not limited as by this oversight. 1 The moton in this case was filed 25 days after the application was mailed and e-mailed. The timeliness of the motion is not raised in the opposition. The Initial Burden Martinez and FedEx filed an application for good faith settlement indicating there was a settlement with Du for $12,500. The non- monetary term involves the rele...
2023.10.18 Motions to Compel Further Responses 677
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.18
Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...
2023.10.18 Demurrer 892
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.18
Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...
2023.10.17 Motions to Compel Further Responses 677
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.17
Excerpt: ...upported by 5 hours total time in furtherance of the motions). Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative Firs...
2023.10.17 Motion for Final Approval of Class and PAGA Settlement 260
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.17
Excerpt: ...rtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) reimbursements; (8) wage payment timing; and, individually, for (9) constructive discharge/ adverse employment actions. On March 22, 2023, pursuant to stipulation, Plaintiff filed a First Amended Complaint (FAC) that consolidated a Private Attorneys General Act (PAGA) complaint. After commencing litigation, the parties informally exchanged policy and payroll documents and other in...
2023.10.17 Motion for Attorney Fees and Prejudgment Interest 802
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.17
Excerpt: ...ion claiming he spent 49.1 hours on the case at per hour, with the time broken down by task. (Morris Decl., "6-7.) The rate and time spent appear reasonable and are not challenged. Instead, in opposition, Defendant argues recovery should have been pursued through the Worker's Com#nsation Appeals Board. Labor Code section 3502, subdivision (a), provides in part: "Where the conditions of compensation set forth in Secton concur, the right to recover...
2023.10.17 Demurrer, Motion to Strike 359
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.17
Excerpt: ...EHA — Discrimination; (3) FEHA — Nonjob Related Inquiry; (4) FEHA — Retaliation; (5) FEHA — Failure to Prevent Harassment, Discriminaton and/or Retaliation; (6) EEOC — Harassment; (7) EEOC — Discrimination; (8) EEOC Retaliation; (9) Labor Code S 203; (10) Labor Code S 98.6; (11) Labor Code S 1102.5; (12) Violation of California Constitution; (13) Intentional Infliction of Emotional Distress; (14) Negligence; and (15) Breach of Mandato...
2023.10.17 Demurrer to FAC 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.17
Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...
2023.10.12 Motion to Strike Punitive Damages, to Strike FAC 392
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.12
Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...
2023.10.12 Motion to Compel Non-Representative PAGA Claims to Arbitration and Stay Representative PAGA Action
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.12
Excerpt: ...ase Summary This is a wage-and-hour class and representative action. Plaintiff was employed by Defendant as a manager from March of 2010 to June of 2022. On October 21, 2022, he filed complaint against Defendant, seeking to represent all non-exempt California employees during the statutory period, and alleging violations relating to (1) wages; (2) rest breaks; (3) meal periods; (4) wage timeliness; (5) accurate wage statements; (6) waiting time p...
2023.10.12 Motion to Compel Further Responses 176
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.12
Excerpt: ...buts Defendants' residence in May of 2012. He alleges that issues with Defendants in 2020. Roughly, Plaintiff alleges, among other things, the cutting of privacy hedges and other plants; the leaving of dog feces; a constantly barking dog; and the installation of invasive cameras. Plaintiff further alleges that tensions escalated to assault with great bodily harm against him on April 3 and April 19, 2021, with continuing threats into 2022. On Nove...
2023.10.11 Motion for Attorney Fees 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.11
Excerpt: ... compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. P LCM Group, Inc. v. Drexler (2000) 22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. (Center...
2023.10.11 Demurrer to SAC 353
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.11
Excerpt: ...ot expressly enumerate any causes of action. Thus, on August 25, 2022, the Court sustained the demurrer of JPMorgan Chase Bank, N.A. (Chase) with leave to amend. Thereafter, on February 3, 2023, Plaintiff filed a First Amended Complaint (FAC). Though the FAC had numbered paragraphs, it still did not set forth separately numbered causes of action and did not comply with the California Rules of Court, rule 2.112. In addition, Plaintiff's allegation...
2023.10.11 Demurrer, Motion to Strike 892
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.11
Excerpt: ...estitution. As a result, through their First Amended Complaint (FAC) the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducement-concealment. The fraud claim is b...
2023.10.11 Motion for Summary Judgment 688
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.11
Excerpt: ...dson, M.D., erroneously sued and served as Hudson Parke, M.D.; and Caitlin Suzanne Borkowski, M.D. This action was commenced on October 28, 2020 by minor Plaintiff David Tavatyan ("Plaintiff' or "Tavatyan") through his guardian ad litem, Vilen Tavatyan, asserting causes of action for: (1) professional negligence (medical malpractice); (2) negligent hiring and retention; and (3) negligent infliction of emotional distress. The complaint alleges tha...
2023.10.11 Motion to Compel Individual Claims to Arbitration, Stay Matter 772
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.11
Excerpt: ...motive work, among other things. He worked for Defendant from October of 2020 through approximately December 2022. On April 7, 2023, he filed complaint against Defendant, seeking to represent all nonexempt California employees during the statutory period, and alleging violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time penalties; (6) accurate wage statements; (7) wage timeliness; (8) r...
2023.10.11 Motion for Summary Judgment, Adjudication 942
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.11
Excerpt: ...mamoto. The operative Second Amended complaint (SAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to prevent or in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Competition Law UCL; (6) retaliation in violation of FEH...
2023.10.10 Motion for Protective Order 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.10
Excerpt: ...9, 2023, which is thirty (30) days after the parties' mediation with Glenn Barger, Esq. On August 28, 2023, Plaintiff filed this present moton for a protective order together with the declaration of Randi l. Thompson, Esq. Filed by the Court on September 25, 2023 and September 27, 2023, but served on 12, 2023 and September 25, 2023 respectively, are oppositions filed by Defendants, together with a declaration by David Seal, Esq. A reply was filed...
2023.10.10 Motion for Leave to Intervene, to Set Aside Default, Judgment 954
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.10
Excerpt: ...fiduciary duty; and (4) fraud. Cardenas alleges she was formerly in a romantic relationship with Pino. During their relationship, Pino convinced Cardenas to purchase a mobile home and although she would supply the funds, title was to be taken in Pino's name. Pino allegedly signed a written acknowledgement that he owed Cardenas $ü(M. Pino was personally served on March 10, 2022. He did not file a response but appeared at a Trial Setting Conferenc...
2023.10.09 Motion for Preliminary Approval of Class Action Settlement 420
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.09
Excerpt: ...16, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in se...
2023.10.09 Demurrer, Motion to Strike 946
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.09
Excerpt: ...hould this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Motion to Strike: Cross-Defendant's Request for Judicial Notice: The Request is denied as irrelevant to the determination of these motons. Cross-complainant's Request for Judicial Notice: The Request is denied as unnecessary; if the statutes and comments are relevant, they will be considered. The motion to strike is ...
2023.10.09 Demurrer, Motion to Strike 096
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.09
Excerpt: ...n 377.32. Specifically, Plaintiffs did file the Declaration of Successor in Interest Wesley McKinley pursuantto Code of Civil Procedure secton 377.11 and Welfare & Institutions Code section 15657.3 along with their Complaint on October 31, 2022, and the declaration has Estella lola McKinley's Death Certificate attached thereto as Exhibit A; 2. Defendants' Demurrer to Plaintiffs' First Cause of Action for Elder Abuse and Neglect based upon insuffi...
2023.10.09 Demurrer 954
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.09
Excerpt: ...nvestments LLC, and its principal, Min Ye. The complaint contains causes of action (COA) for (1) breach of contract, (2) dangerous condition of property, (3) "slumlord" (4) property damage, (5) negligence, and (6) breach of the implied covenant of good faith and fair dealing. There is also a purported 7th cause of action, which is merely the prayer for relief. As for the underlying allegations, the Zunigas indicate the lease outlines who is respn...
2023.10.06 Demurrers to SAC, Motion to Strike 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.06
Excerpt: ...er, an analytic tool. As to Requests for Judicial Notice: Both Defendants request judicial notice of the pleadings and various corporate documents and licenses. The Court would GRANT as to the pleadings. The Court would further GRANT as to the filings but not the truth of the statements asserted therein. As to the Demurrers: The Court would SUSTAIN as to the Third Cause for negligent misrepresentation as to both Defendants Bamboo and Catlin, but ...
2023.10.05 Motion to Require Out of State Plaintiff to Post Bond 954
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.05
Excerpt: ...l doctors who provided treatment to Plaintiff at Victor Valley Global Medical Center. Radiologist Rahul Nayyar, MD (Defendant Nayyar) interpreted an abdominal ultrasound and a NM HIDA scan. Radiologist Jose Ospina, M.D. (Defendant Ospina) interpreted a MRI, a MRCP and a CT scan. Neera Grover, M.D. (Defendant N. Grover) was the gastroenterologist who consulted with Plaintiff and prov-ded an assessment. Finally, Rakesh Grover, M.D. (Defendant R. Gr...
2023.10.05 Motion for Order Determining Costs and Fees 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.05
Excerpt: ...t Barth. The City contends that First Choice is unpermitted and illegal in that it violates several Chino Municipal Codes. Since July 2019, the City has inspected and issued citations and abatement orders for the unpermitted and improper use of the property. (Complaint, 1-3, 5, 10-23.) The Renewed Motion for Order Determining Costs and Fees was previously on the court's calendar for August 28, 2023, having been continued originally from October 2...
2023.10.05 Motion for Leave to File SAC 756
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.05
Excerpt: ...Vijay"), and Dr. Melanie Arora ("Melanie"). Plaintiffs alleged the following: Geraldine needed a polyp removed from her uterus. After determining that she did not want Melanie to perform the surgery (based on an unfavorable interaction and her age), Geraldine left VVGMC, only to be called back by Melanie's father, Vijay. Vijay promised to perform the surgery himself without Melanie's involvement. Geraldine later learned that despite Vijay's promi...
2023.10.04 Motion for Judgment on the Pleadings 004
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.04
Excerpt: ...ood Faith Meet and Confer Pursuant to Code of Civil Procedure section 439: Here Defendants have not filed a declaration outlining the parties' meet and confer efforts that took place prior to the filing of Defendants' JOP in violation with Code of Civil Procedure section 439. This alone is enough to take this matter off calendar. More importantly, as correctly point out by Plaintiff in his Opposition, the grounds for Defendants' motion for judgme...
2023.10.04 Motion to Strike or Tax Costs 553
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.04
Excerpt: ...SJ was pending, Defendant served Aaliyah Jones (for purposes of this statement, "Plaintiff) with a Section 998 offer to compromise in the amount of $1.75M. On March 29, 2023, the Court signed and filed its order granting MS]. On July 13, 2023, the Court signed and filed its judgment in favor of Defendant, and against Plaintiffs. The judgment states Defendant shall recover its costs and that the Court retains jurisdiction to determine recovery of ...
2023.10.04 Motion for Summary Judgment 101
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.04
Excerpt: ...ing party, evidence obtained through discovery, and matters judicially noticed. (Code Civ. Proc. 5437c, subd. (b).) Declarations must be based on the personal knowledge of the declarant, show affirmatively that the declarant is competent to testify to the matters stated, and set forth admissible evidence. (Code Civ. Proc. 5437c, subd. (d).) The essential allegations of any common count are: (1) the defendant is indebted to plaintiff in a certain ...
2023.10.03 Motion to Quash 112
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.03
Excerpt: ...ENY. Defendant shall file its responsive pleading within thirty (30) days. Case Summary Plaintiff filed his action on April 18, 2023, asserting class claims for moving company Defendant's (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) violation of the Idaho Consumer Protection Act; and (4) conversion. In essence, Plaintiff asserts that he contracted with Defendant to move him from Idaho to California. Although he p...
2023.10.03 Motion for Relief from Dismissal 277
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.03
Excerpt: ...tomobile striking a pedestrian on or about January 26, 2021. Plaintiffs filed their suit on April 5, 2022, alleging (1) negligence; and (2) negligent hiring, retention, or supervision. Relevant here, the Court scheduled the initial Trial Setting Conference (TSC) on this matter for October 19, 2022. Without notice or justification, Plaintiff failed to appear at the TSC, and the Court set a further TSC and an Order to Show Cause (OSC) regarding the...
2023.10.02 Motion to Deem RFAs Admitted, for Monetary Sanctions 878
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.02
Excerpt: ...s is a collections matter. Plaintiff alleges that Defendant Rosales applied for, was issued, and incurred debt related to an American Express Business Gold Card. Plaintiff filed suit on March 17, 2023, and Defendant submitted a general denial on May 25, 2023. Relevant here, Plaintiff propounded discovery, including a Request for Admissions, Set One, on June 12, 2023. After the time to respond had run, Plaintiff sent a meet and confer letter on Ju...
2023.09.29 Motion to Compel Arbitration 194
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.29
Excerpt: ...t at the tme of Foss's employment she signed and agreed to a Mutual Arbitration Agreement (MAA). Foss opposes. TSA replies. Discussion The threshold issue for the court is whether or not the FAA applies. If so, whether there is an enforceable arbitration agreement. Does the FAA apply? The answer is yes. The FAA applies to arbitration clauses involving interstate commerce. (9 U.S.C. 52; Aviation Data, Inc. v. American Express Travel Related Servic...
2023.09.28 Special Motion to Strike 875
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.28
Excerpt: ...d where it is general and embraces evidence which is admissible as well as that which is inadmissible." (Rose v. State (1942) 19 Cal.2d 713, 742.) Page 5 are based on relevance, foundation, and hearsay. First, the Court OVERRULES the objections to the entirety of the Declaration as cumbersome and improperly submitted. Second, as to the individual objections, the Court also OVERRULES. While the statements regarding Mr. Hitt's feelings and beliefs ...
2023.09.28 Motion to Compel Arbitration 481
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.28
Excerpt: ...r the lawsuit involves claims subject to arbitration. Case Summary This is a representative action for Labor Code violations pursuant to the Private Attorneys General Act (PAGA). On April 21, 2023, Plaintiff filed his suit against Defendants for civil penalties pursuant to PAGA based on violations related to (1) minimum wages; (2) overtime wages; (3) meal periods ; (4) rest breaks; (5) final pay; (5) untimely wages; (7) wage statement violations;...
2023.09.28 Demurrer, Motion to Strike Punitive Damages 697
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.28
Excerpt: ...cificity; and (3) fails to allege a transactional relationship between GM and Plaintiff giving rise to a duty to disclose. GM also seeks to strike Plaintiff's prayer for punitive damages. Plaintiff opposes. GM replies. Fourth Cause of Acton: Fraudulent Inducement - Concealment 1. Statute of Limitations Defendant argues the fourth cause of action is time barred because Plaintiff purchased the vehicle on or about December 21, 2016, yet did not file...
2023.09.28 Demurrer, Motion to Strike 654
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.09.28
Excerpt: ...pedic Sports & Spine Medical Group, Grove Advanced Imaging, Monarch Diagnostic Services, LYG A Professional Medical Corporation, Southern California Sports Rehabilitation Inc., Nova Legal Funding, F&M Radiology Medical Center, Michael J. Trudeau, and Does 1-50. The operative First Amended Complaint ("FAC") was filed on September 27, 2021, alleging on or about March 28, 2017, Defendant Harris was involved in a vehicle collision which resulted in i...
2023.09.28 Demurrer, Motion to Strike 158
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.09.28
Excerpt: .... McLaughlin ("McLaughlin"), and Michael S. Burkholder ("Michael") filed their Complaint against Magdi M. Khalil & Madeline G. Khalil, individuals and trustees of the Khalil Family Trust (collectively "Khalil," individually by their first names). The operative Second Amended Complaint (SAC) pleads 3 causes of action: (1) negligence by Burkholder and McLaughlin, (2) private nuisance by Burkholder and McLaughlin, and (3) negligent infliction of emo...
2023.09.27 Motion to Require Filing of Undertaking 252
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.27
Excerpt: ....App.4th 421.) Per the statute, to obtain an order for Plaintiffs to post an undertaking, the Defendant Dr. Faerber must establish that the Plaintiffs are out-of-state residents, and that he has a reasonable possibility of prevailing in the instant action. If the former are satisfied, then public policy requires an evaluation of Plaintiffs' finances to determine if they are indigent and if an undertaking would deny their fundamental right of acce...

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