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2023.09.27 Motion to Compel Arbitration 841
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.27
Excerpt: ...age-and-hour class and representative action. Plaintiff was employed by Defendant as a cook from February 2020 through approximately July 22, 2022. Her operative First Amended Complaint (FAC) alleges violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) sick pay; (7) wage timeliness; (8) waiting time penalties; as well as (9) violation of the unfair competition law; and (10) civi...
2023.09.27 Demurrer 302
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.27
Excerpt: ...aint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Roman v. County of Los Angeles (2000) 85 cal.App.4th 316, 324-325; stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 cal.App.4th 303, 321.) If the dates in question are not shown on the face of the complaint, there is no ground for general or special demurrer (dates not being essential t...
2023.09.26 Motion to Compel Arbitration and Stay Action 590
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.09.26
Excerpt: ...information. Based on these allegations, plaintiffs initially commenced suit on March 24, 2022 for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under the Act; and (3) fraudulent inducement — concealment. In response to the lawsuit, Honda demurred to the third cause of action and moved to strike the request for punitive damages. The Court sustained the demurrer with leave t...
2023.09.26 Motion to Compel Arbitration 247
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.26
Excerpt: ... transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 25, 2022, Plaintiff filed a Complaint against the vehicle's dealer and manufacturer, alleging (1) violation of Act — breach of express warranty (against manufacturer); (2) violation of th...
2023.09.26 Motion for Preliminary Approval of Class Action Settlement 211
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.26
Excerpt: ...derstanding of the amount that is in controversy and the realistic range of outcomes of the litigation." (Munoz v. BCI Coca- cola Bottling co. (2010) 186 cal.App.4th 399, 409-410, quoting Kullarv. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116.) Here, notably absent in the Page 5 submitted declaration is any analysis or even indication of the amount in controversy. (See Matavosian Decl., generally.) The Court declines to speculate on valuati...
2023.09.26 Demurrer to FACC 952
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.26
Excerpt: ...d confer may subject that party to sanctions by the Court. Demurrer: 1. Statute of Limitations Re First through Third Cross-claims: The demurrers are overruled. It is not clear from the face of the pleading whether or not fraudulent or negligent conduct of Plaintiff, Cross-Defendant Zhu is alleged with respect to the quiet title, breach of fiduciary duty and accounting claims. These are subject to different statute of limitations. (See Code Civ. ...
2023.09.26 Demurrer 203
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.26
Excerpt: ... paragraph; and must state whether the challenge is to the entire pleading or to some specific cause of action therein. (Cal. Rules of Court, rule 3.1320(a).) Here, although Defendant's notce of hearing and memorandum contain passing references to uncertainty, Defendant's demurrer only includes a single ground for demurrer—that Plaintiff failed to plead facts suffcient to state a cause of action. (See Dem 3.)1 Thus, the Court construes Defendan...
2023.09.25 Motion to Compel Compliance with Business Records 248
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.25
Excerpt: ...must make himself available to oral and telephonic communications from defense counsel if he remains self-represented. Plaintiff is urged to seek legal representation in this acton. Plaintiff filed exhibits in his Opposition to the Demurrer. This is improper as the Court may only consider the Complaint and matters to which it can properly take judicial notice. Therefore, the Court did not consider these exhibits. Motion to Compel Deposition Subpo...
2023.09.25 Motion to Compel Arbitration 994
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.25
Excerpt: ..." - a staffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolon...
2023.09.25 Motion for Leave to File SAC 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.25
Excerpt: ...d on June 20, 2020 as a result. Plaintiffs 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 — Section 835; (2) wrongful death —Secton 1983 [re denial of care]; (3) wrongful death —Section 1983 [re f...
2023.09.25 Demurrer, Motion to Strike 698
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.25
Excerpt: ...ke, GM contends Plaintiff's request for punitive damages is improper as it is not supported by the allegations. Both motions are supported by a meet and confer declaration from attorney Jesse Valencia. Plaintiff opposes both motions and GM has replied. DISCUSSION The Fourth Cause of Action for Concealment An overview of the law "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or su...
2023.09.21 Motion to Strike 255
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.09.21
Excerpt: ...uses of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. On May 1, 2023, The Court granted Defendant HT Realty's motion to strike from the complaint the punitive damage and attorney fee prayers with leave to amend. On May 19, 2023, Plaintiffs filed their First Amended Complaint ("FAC") alleging the same five causes of action as the original Co...
2023.09.21 Motion to Set Aside Default 357
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.09.21
Excerpt: ...wn purposes and to pay other investors as part of a pyramid scheme. The Judicial Council Form Complaint filed April 2, 2021, seeks damages of $302,800 for the unpaid promissory note, interest and attorneys' fees. The Complaint lists Daluvoy, Interstate, and Daluvoy's wife, Devi Daluvoy as the three Defendants. At issue is Daluvoy's Moton to Set Aside Default. Service/Default History The docket shows Plaintiff first sought Default on October 27, 2...
2023.09.20 Motion to Compel Further Discovery Responses, for Sanctions 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.20
Excerpt: ..., as Plaintiff has failed to demonstrate good cause for supplemental responses to these overbroad requests. As to Requests for Sanctions: The Court would decline to impose sanction. The Court finds substantial justification in that Plaintiffs failed to fully exhaust the meet and confer process prior to bringing their motion and, in fact, were not fully successful in their efforts. Case Summary This is a lemon law case. On August 2, 2022, Plaintif...
2023.09.20 Demurrer to FAC 000
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.20
Excerpt: ...ntial value].) As to the Demurrer: The Court would SUSTAIN the demurrer with thirty (30) days' leave to amend. Case Summary This is a representative action pursuant to the Private Attorneys General Act (PAGA). Plaintiff filed his original complaint on January 7, 2021, seeking to represent aggrieved employees seeking penalties in the statutory period for violations relating to (1) minimum wage; (2) overtime wages; (3) accurate records; (4) rest br...
2023.09.19 Motion to Vacate Default, Judgment 590
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.09.19
Excerpt: ...per, alleged causes of action for breach of contract and a common count. Placencia specified damages of $78,500 in the prayer, $10,000 in the breach of contract cause of action, and $88,600 in the common count cause of action. Poblano, also acting in pro per, filed an answer on January 24, 2022. Poblano retained counsel and a substitution of counsel was filed on June 22, 2022, stating he was now represented by M.C. Earle. On October 7, 2022, Plac...
2023.09.18 Motion to Strike or Tax Costs 102
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.18
Excerpt: ...attorney's fees are "allowable costs." (Code Civ. Proc., 51033.5, subds. (a)(10)(A), (8), & (C); Santisas v. Goodwin (1998) 14 Cal.4th 599, 606.) Page | 2 Costs statutes are to be strictly construed. (Sequoia Vacuum Systems v. Stransky (1964) 229 Cal.App.2d 281, 289.) If the items appearing on a costs bill appear to be proper charges, the party seeking to tax costs bears the burden of showing they are not reasonable or necessary. If the items are...
2023.09.18 Motion for Trial Preference 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.18
Excerpt: ...Center (Golden Home), which is owned and operated by defendant Letitia Isai (Isai; together, Defendants). Taylor alleges Defendants failed to account for her high risk of falls and she sustained falls resulting in a fractured humerus and an acute right femur fracture, and then failed to seek out medical care for her. Taylor's complaint alleges four causes of action: (1) Elder abuse under Welfare & Institutions Code 515600, et seq.; (2) negligence...
2023.09.18 Motion for Final Approval of Class Action Settlement 700
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.18
Excerpt: ...meliness; (6) final pay; (7) record maintenance; (8) wage statements; (9) improper calculation and provision of sick leave; (10) unfair competition law; as well as (11) civil penalties underthe Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on January 5, 2023, the parties engaged in a full-day, a...
2023.09.18 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.18
Excerpt: ...ity); San Bernardino County Sheriff's Department, and K. Garc:ia Payton. On September 6, 2023, Plaintiff filed a combined opposition and on September 11, 2023, Defendants filed a combined reply. Analysis Gov. Code, S 815, Absence of Liability for injury except under statute; Liability as subject to statutory immunity and defenses, states: Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury...
2023.09.14 Motion to Seal Court Records 030
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.14
Excerpt: ... negligence and intentional tort. Within each cause Plaintiff asserts allegations of (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment; (3) negligent infliction of emotional distress (NIED); (4) violation of Los Angeles Municipal Code, section 151.00; (5) violation of Los Angeles Municipal Code, section 161.903.3.3.2; and (6) retaliatory eviction. Generally speaking, the Complaint asserts that Plaintiff leased a...
2023.09.14 Demurrer 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.14
Excerpt: ... trustees of the Mark Crabtree and Anju Sharma Living Trust 2015 dated February 10, 2015, filed their complaint against Defendants Optimal Technology, LLC, Athanor Environmental Services, lnc„ National Environmental Services, LLC, and Golden Bank (Doe 1). Property in Boron was purportedly contaminated after a fuel pipeline was breached by drilling. The drilling occurred as the result of defendant Golden Bank's "Phase II Investigation" or due di...
2023.09.14 Demurrer 176
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.14
Excerpt: ...t thirty (30) days leave to amend. Case Summary This is, essentially, a breach of contract and conversion case. On or about June 16, 2017, Plaintiffs' mother entered into a written agreement for three (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as "Phelan Self-storage"). The storage units were necessary to store "personal property," including various family heirlooms. The units were being paid by automatic withdrawal from...
2023.09.13 Motions in Limine 546
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.13
Excerpt: ...ssume, to some extent, what evidence will presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what at trial. The denial or grant of these motions is without prejudice. Where either party has sought to limit argument of the other party, the motion is denied. Motons in limine are used to preclude evidence. Many o...
2023.09.13 Demurrer to SAC 400
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.13
Excerpt: ... legal cause; and (4) damage to plaintiff. (George A. Hormel & Co. v. Maez (1979) 92 Cal.App.3d 963, 965; 4 Witkin Cal. Proc. Plead S 537.) Page | 2 In this case, the form-SAC contains the cursory elements of a negligence claim as the pleading indicates all defendants owed a duty, breached the duty, and that the breached caused negligence. (See SAC at pp. 23-26.) In the demurrer, the focal point is whether a duty of care was owed between Ferra an...
2023.09.12 Motion for Final Approval of Class Action Settlement 372
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.12
Excerpt: ...nt (FAC), adding a cause 4 of action for civil #naltes under PAGA. Per his complaint, Plaintiff soughtto represent all current and former non-exempt employees employed within California at any time within four years prior to the filing of the complaint. After commencing the litigation, the parties agreed to informal discovery in anticipation of early mediation. Defendant provided relevant payroll records, as well as the number of putative class m...
2023.09.12 Motion for Determination of Good Faith Settlement 908
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.12
Excerpt: ...o enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the...
2023.09.12 Motion to Stay Proceedings Pending Arbitration 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.12
Excerpt: ... for the sale of one parcel to Kara Flietstra and Roberto Toste. Defendant Walter Leroy Dwyer, Jr. represented MAGIC and the buyers in connection with the deal. The agreement left negotiations on certain easement terms and the transferability of dock rights that MAGIC held in connection with its other property, parcel C. When MAGIC determined that the City would not permit the transfer of the dock rights, Dwyer allegedly pressured MAGIC into clos...
2023.09.12 Motion for Judgment on the Pleadings 372
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.12
Excerpt: ...ed contractor. Further, Plaintiffs allege that Defendant failed to memorialize the parties' agreement for the work in writing. Subsequent to the work, Defendant recorded a mechanics lien against the property in the amount of $41,095.60. On May 13, 2021, Plaintiffs filed a verified Petition for Release of Property From Lien. On November 19, 2021, Defendant filed an unverified Answer in response. Now, Plaintiffs move for judgment on the pleadings o...
2023.09.12 Motion to Compel Further Responses 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.12
Excerpt: ...tal responses to each form of discovery on January 31, 2023. (Fields Decl., 98; Exh. 4.) Fields then initiated scheduling the IDC, which was heard on March 24, 2023. Directly following the IDC, Fields requested an extension of the motion deadline, which Abdeljawad declined. (Fields Decl., 910.) Abdeljawad declares in opposition he never agreed to extend the deadline. (Abdeljawad Decl., 914.) The motion was due to be filed within 45 days after the...
2023.09.12 Motion to Compel Further Responses 548
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.12
Excerpt: ... to the interrogatory. If she does not, she must state that in her interrogatory response. Defendant must respond based on the information she has at the time she responds to the interrogatory. To the extent Defendant's responses are based on vague, blanket assertions of privilege without production of a privilege log, they lack merit because "if an objection to a document request is based on a claim of privilege or work then the response to the ...
2023.09.11 Demurrer, Motion to Strike 707
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.09.11
Excerpt: ... v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Zhang alleges the negligently handled her request for landscape changes by: (1) failing to incorporate and u#ate the CC&Rs to comply with state and federal law; (2) misleading Zhang to change her lawn to sand without first obtaining approval; (3) failing to effectively communicate with Zhang; (4) failing to conduct a meeting in a safe and effective manner to resolve issues and failing to allow ...
2023.09.08 Motion to Set Aside Default, OSC Re Contempt 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.08
Excerpt: ...at this time. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) negligent trespass; (2) negligent destruction of real property; (3) intentional trespass; (4) intentional destruction of real property and trees; and (5) abatement of private nuisance. The controversy stems from Plaintiffs' allegations that their Defendant neighbors, Kief and Manilow, paid to construct a 12-foot wide pathway along ...
2023.09.08 Motion to Consolidate Cases 720
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.09.08
Excerpt: ...ome or all of the issues to the extent the Court later concludes that any issues lack commonality. Case Summary On March 3, 2022, Plaintiff filed a wage-and-hour class action against his former employer based on his employment from February 2021 to May 2021. (See CIVSB2203720 [the "Class Action" l.) The Class Action includes eight causes of action for (1) violation of the unfair competition law; as well as violations relating to (2) minimum wages...
2023.09.08 Motion for Summary Judgment, Adjudication 392
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.09.08
Excerpt: ...ises liability. In the operative First Amended Complaint, Plaintiff alleged he stepped into a hole located in or about a grassy area of the premises while he was playing soccer with family and friends. (FAC, 13.) Plaintiff submitted a notice of claim to the City of Ontario. On January 28, 2021, the City filed an answer. Plaintiff filed an amendment to the complaint naming Merchant Landscape Services, Inc. as DOE 1. On April 1, 2022, a first amend...
2023.09.08 Motion for Reconsideration 547
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.08
Excerpt: ...trated to be relevant or helpful to the dispute where the published appellate decision of Randy's Trucking controls the issue. Motion for Reconsideration: On July 25, 2023, the Court issued a detailed ruling in which the Court granted Defendant's motion for a mental examination, subject to certain provisions and a Protective Order and continued the hearing on the motion for the parties to meet and confer over the date and time of the examination ...
2023.09.08 Motion for Attorney Fees 648
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.08
Excerpt: ...of the services contrary to, or without the necessity for, expert testimony. PICM Group, Inc. v . Drexler (2000) 22 Cal. 4th 1084, 1095. The Court should consider the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litgation, the attention given, and the success of the attorney's efforts and his or her experience in the particular type of work demanded. Contractors Labor Poo...
2023.09.08 Demurrer, Motion for Sanctions 388
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.09.08
Excerpt: ...ssue is Defendants' Demurrer and their Motion for Sanctions. Meet and Confer: Defendants have filed their Declaration of Demurring Party In Support of Automatic Extension. Within their filing, Defendants represent that Plaintiff's counsel has not responded to their letters and phone calls, and that Defendants would make a final effort to meet and confer before filing their Demurrer. The Demurrer makes no mention of this requirement. However, Defe...
2023.09.07 Motion to Compel Compliance with Court Order 949
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.09.07
Excerpt: ...ledge, did not comply with this Order. Therefore, the Court sets an OSC Re Sanctons against Plaintiff Humberto Aranda and his attorneys, CONSUMER LAW EXPERTS, P.C. and Nancy Zhang, Attorney at Law, set for October 24, 2023, at 8:30 a.m. in Department S29. No appearance is required by Defendant at this hearing. The judicial assistant shall give notice of this OSC. Motion: The motion is granted. With respect to compelling compliance where the respo...
2023.09.06 Motion for Judgment on the Pleadings 497
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.06
Excerpt: ...e followed before filing a motion for judgment on the pleadings under Code of Civil Procedure section 438. (Code Civ. Proc., S 439.) Thus, before filing a statutory motion for judgment on the pleadings, the moving party's counsel must meet and confer, in person or by telephone, with counsel for the party who filed the pleading subject to the judgment on the pleadings motion "for the purpose of determining if an agreement can be reached that resol...
2023.09.05 Motion to Compel Deposition of PMK 995
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.05
Excerpt: ...indicates that on August 4, 2021, plaintiff served a deposition notice for a September 9, 2021 deposition. GM objected. (Sanaia Decl., 23-24, Exhs. 7, 8.) On May 3, 2023, Plaintiff served a first amended notice of deposition, with a document demand, noticed for May 18, 2023. GM objected on May 11th and confirmed it would not produce a witness at the scheduled time, but would produce a witness at an agreeable date and time. GM also detailed fts ob...
2023.09.05 Motion for Summary Judgment, Adjudication 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.05
Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...
2023.09.01 Motion for Summary Judgment, Adjudication 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.01
Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...
2023.08.31 Demurrer to SAC, Motion to Strike 388
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.31
Excerpt: ...e text messages intentionally misrepresenting that she was going to pay in order to delay legal proceedings. On July 18, 2023, Tam filed a demurrer to the Second Cause of Action premised upon fraud and moton to strike punitive damages. Tam has demurred to the second cause of action for intentional misrepresentation under Code of Civil Procedure section 430.10, subdivision (e), failure to state facts sufficient to constitute a cause of action and ...
2023.08.31 Demurrer 487
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.31
Excerpt: ...ity deposit. Defendants Oslenhert LLC and Ophira Sara Lenhert (collectively, "Defendants" or "Oslenhert") filed a demurrer. The defendants have both generally and specially demurred. They have generally demurrer as to all causes of achon premised, in part, upon CCP 5430.10(g), which provides that a demurrer is proper in an action founded on contract if it cannot be ascertained from the pleading whether the contract is in writing, oral, or implied...
2023.08.31 Demurrer 299
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.31
Excerpt: ...IONS Timeliness Although Defendant's Demurrer is untimely, the Court has discretion to hear it. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Also, Plaintiff does not raise this concern in her Opposition. Therefore, the Court will address the merits of the Demurrer. Analysis Uncertainty Defendant argues that the entre Complaint is ambiguous and unintelligible; therefore, uncertain. In support of this, he cites the evidence code to challen...
2023.08.30 Motion to Compel Further Responses, Deposition of PMK 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...d May 1, 2023. Defendant's opposition was due by August 17, 2023 or even August 16, 2023, since the hearing was originally set for August 29, 2023. (Code Civ. Proc., 51005, subd. (b).) At approximately 3:53 p.m., the Court's staff received Defendant's opposition from a court runner. The Court further notes the filing and service date of the opposition is August 28, 2023! This not only puts the burden on the Court to review a late-filed brief, but...
2023.08.30 Motion for Protective Order 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...2) Plaintiffs' motion for discovery sanctions. Timely oppositions were filed to each motion. Timely replies were filed to each opposition. l. DISCUSSION A. Plaintiffs' Motion for Protectve Order 1. Defendants' Evidentiary Objections In support of their motion, Plaintiffs filed the declaration of Plaintiffs' counsel, Mr. Cohen, along with a letter from the deponent's doctor (as Ex. 1) and a declaration of the deponent's sister (as Ex. 2). In oppos...
2023.08.29 Motion for Summary Judgment, Adjudication 550
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.29
Excerpt: ...f their factual content"].) Defendant's Evidentiary Objections: 1-3 overruled Moton: The motion is denied. In order to prevail on this motion, Defendant would have to show that Plaintiff cannot prove she suffered from organophosphate poisoning. But that is a disputed issue of fact. Plaintiff's medical records show she was admitted for treatment for "organophosphate (Def's Exh. H at pp. 1, 2; see also id. at p. 8 ["Could not rule out possibly orga...
2023.08.29 Demurrer, Motion to Strike 493
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.29
Excerpt: ... reached on the objections to the pleading. (Code Civ. Proc., 55430.41, subd. (a), 435.5, subd. (a)(1)-(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., "430.41, subd. (a)(3), 435....

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