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2023.03.20 Motion to Compel Further Responses 522
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.20
Excerpt: ...uests for production of documents. The original responses consisted solely of objections, but Plaintiff provided supplemental substantive responses to this very (emphasis added) voluminous discovery shortly after the instant motion was filed. Plaintiff opposes the motion via a single omnibus brief, and Defendant replies. The primary issue remaining is sanctions. As explained in more detail below, counsel have serious communication issues which re...
2023.03.20 Demurrer to SAC 853
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.03.20
Excerpt: ...unfair business practices; (8) wrongful foreclosure; and (9) cancellation of written instruments. Rushmore Loan Management Services, LLC ("Rushmore"), and US. Bank Trust National Association, as Owner Trustee for Legacy Mortgage Asset Trust 2019-GS5 ("U.S. Bank") (collectively, "Defendants") demurred. At the hearing on December 12, 2022, the Court sustained the demurrer, without leave to amend, to the First through Eighth Causes of Action. The Co...
2023.03.17 Motion to Compel Responses 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.17
Excerpt: ...erefore, the Court reiterates its prior tentative ruling: Tentative Rulings As to the Motions: The Court would GRANT these two unopposed motions. Verified responses without objections will be produced within 20 days. As to Requests for Sanctions: The Court would impose sanctions on Plaintiff in the amount of $585 per motion ($1370 in total). Sanctions are payable within 20 days. Case Summary This is a personal injury case stemming from a 2018 aut...
2023.03.17 Motion to Compel Responses 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.17
Excerpt: ...ed. Without meeting and conferring, Tate filed the pending motion to deem facts admitted the next day, November 29th. Tate then sent a meet and confer letter on December 1st and filed the pending motions to compel verified responses to the FRog's and RPD's on December 20th. The motions are supported by a declaration from attorney Bryan Whitmer-Cabrera; the discovery and discovery responses; the letter from Golden State; and the responsive letter ...
2023.03.17 Motion for Final Approval of Class Action Settlement 370
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.17
Excerpt: ...re to reimburse and a claim for civil #naltes pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent a class of 181 non-exempt employees working for Defendant's operations in California from January 8, 2015 through March 24, 2022. Following the onset of the case, and in connection with anticipated mediation, Defendant provided Plaintiff with key class-wide data points and relevant documents, sufficient for Plaintiff to...
2023.03.17 Motion for Final Approval of Class Action and PAGA Settlement 228
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.17
Excerpt: ...p.4th 116, 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 (21W6) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in sett...
2023.03.17 Demurrer 449
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.17
Excerpt: ...aintiffs leave to amend. On October 17, 2022, Plaintiffs Celia Espinosa and Eduardo Espinosa ("Plaintiffs") filed the operative First Amended Complaint ("FAC"). According to the FAC, on October 14, 2020, Plaintiffs leased a new 2020 Honda CR-V, with express and implied warranties from Honda. (FAC, '1 8.) Defendant American Honda Motor Co., Inc. ("AHM") breached the express and implied warranties because the vehicle suffered from serious defects a...
2023.03.15 Motions to Compel Arbitration of Individual Claims, Dismiss Representative Claims 502
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.15
Excerpt: ... to the Motion to Compel, Supporting Documents, and Minute Order from the Barrera v. Lollicup USA, Inc. matter. GRANT as to the existence of the documents only. (Evid. Code, 5452(d).) As to Plaintiff's Objections: Plaintiff objects to the Shih Declaration generally and specifically are OVERRULED. As to the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non-representative PAGA claims is GRANTED. 2. Plainti...
2023.03.15 Motion for Preliminary Approval of Class Action Settlements 523
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.15
Excerpt: ... (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the s...
2023.03.14 Motion for Approval of PAGA Settlement 706
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.14
Excerpt: ...rcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th f, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." I Upon approval, a c...
2023.03.13 Motion for Summary Judgment 686
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.13
Excerpt: ...(6) constructive discharges; and (7) unlawful/unfair business practices. Plaintiff was a hazardous materials worker employed by defendant Berkley, involved in the abatement of asbestos, lead, and other environmental clean-up. Defendant Berkley seeks summary adjudication of the issue of constructive discharge attendant to the sixth cause of action of the complaint. During the course of discovery, the plaintiff has raised the contentions, among oth...
2023.03.10 Motion for Final Approval of Class Action Settlement 240
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.10
Excerpt: ... to pay minimum wages; (4) failure to pay overtime; (5) failure to indemnify/ reimburse; (6) wage statement violations; (7) untimely final pay; (8) unfair business practices under Business and Professions Code, section 1721W; and (9) civil penalties under PAGA. In essence, Plaintiffs allege that they were employed by Defendant as non-exempt employees in Defendants' California workforce, where such violations took place. They seek to represent a c...
2023.03.10 Motion for Summary Judgment 688
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.10
Excerpt: ..., (6) failure to prevent discrimination and retaliation, and (7) wrongful termination. Defendants' Motion for Summary Judgment Now, through the pending motion, defendants seek summary judgment, or in the alternative summary adjudication, on the grounds that Flores cannot establish his prima facie case; there was a legitmate business reason for the termination; and Flores was fully accommodated. The facts presented with the motion indicate TiVa cu...
2023.03.09 Motion for Summary Judgment, Adjudication 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.09
Excerpt: ...urt records]. Objections Defendants object to the 6 declarations submitted by Plaintiffs supporting their Opposition. After reviewing the objections, the Court (1) OVERRULES all 9 objections to Enriquez's declaration, (2) OVERRULES all 21 objections to Vega's declaration, (3) OVERRULES all 3 objections to Riley's declaration, (4) OVERRULES all 12 objections to Koster's declaration, (5) SUSTAINS objection #4, 11, & 13 (improper opinion) to Donnell...
2023.03.09 Motion for Leave to file Complaint 005
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.03.09
Excerpt: ...nce the Court will grant La Paz's motion to file a cross-complaint. Code of Civil Procedure section 428.50 provides: (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action. Admittedly, the La Paz has not filed this cross claim within the time required by Code of Civil Proced...
2023.03.09 Motion for Approval of PAGA Settlement 386
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.09
Excerpt: ...eter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency' at the same time that it is submi...
2023.03.09 Demurrer, Motion to Strike 901
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.03.09
Excerpt: ...y; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) under her first cause of action for negligence, Plaintiff alleges the District "knew or should have reasonably known" Allen "had or was capable of" sexually abusing Plaintiff or other victims. (Comp'. 998.) Plaintiff further alleges the District breached its duties by failing to superv...
2023.03.09 Demurrer to SAC 853
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.03.09
Excerpt: ...plaint alleged the vehicle was purchased "used." (Complaint, 98.) On April 14, 2022, the Court sustained Defendant's demurrer to the original complaint with leave to amend, explaining in the minute order: "In order for used vehicles to have ccwerage under the Song-Beverly Act, certain facts must be alleged to provde coverage. While Plaintiff attempts to provide these necessary allegations in his Opposition, the Court cannot consider extrinsic evi...
2023.03.08 Motion to Strike 452
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.03.08
Excerpt: ...errule 3. Objections to the Points & Authorities: 1 – 9. overrule (objections are proper only as to evidence, not argument) 4. Supplemental Declaration of Julie Weiner: 1-28. overrule Motion: A. Procedural Issue: Plaintiffs have “lodged” certain documents in support of their Opposition. If a party intends to “lodge” exhibits, he needs to cite to a statute, rule of court, or local rule that provides for the “lodging” of exhibits. (Lo...
2023.03.08 Motion to Stay or to Compel Arbitration 726
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.08
Excerpt: ...concurrent jurisdiction is subject to waiver and should be raised by demurrer where the issue appears on the face of the complaint and by answer where factual issues must be resolved, followed by a motion to abate or for summary judgment. [Citations omitted.] In Shaw, the defendant did not raise the issue by demurrer or answer, but the Court declined to find waiver because the plaintiffs never argued for it. (Ibid.) Unlike Shaw, plaintiff has rai...
2023.03.08 Motion for Protective Order 385
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.08
Excerpt: ...dure authorized under the Civil Discovery Act. If no one responds to the website's plea for information, this court is not empowered to compel a response from anyone. Defendants next argue that the website is inaccurate and misleading, in violation of the rules of professional conduct governing lawyers. Defendants have failed to make the requisite showing. The website accurately characterizes the allegations made in the lawsuit. The website does ...
2023.03.08 Motion for Preliminary Approval of Class Action Settlements 280
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.08
Excerpt: ...116, 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 offere...
2023.03.08 Motion for Approval of PAGA Settlement 959
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.08
Excerpt: ...tions, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) Finally, the LWDA must be notified of the settlement and thereby be given an opportunity to object. The court has several concerns about the proposed settlement. Couns...
2023.03.07 Motion for Judgment on the Pleadings 899
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.07
Excerpt: ...ell (“Defendant” or “Burrell”). The Complaint alleges two causes of action for (1) Private Nuisance, and (2) Intentional Infliction of Emotional Distress. According to the Complaint, Plaintiff moved into his apartment at 9550 Fremont Avenue, Apt. J5, Montclair, CA 91763, on May 10, 2019. Defendant Kortnee Burrell occupied an adjoining apartment, Apt. J6. Beginning on May 11, 2019, Burrell made loud noises, including talking and laughing a...
2023.03.07 Motion for Preliminary Approval of Class Action of PAGA Settlement 124
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.07
Excerpt: ...eed 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, th...
2023.03.07 Motion for Protective Order 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.07
Excerpt: ...quirement appears satisfied. Requests at issue. The subject RFPs request the following original documents for purportedly non-destructive testing: (1) “AIR CRE Standard Industrial/Commercial Multi- Tenant Lease—Net dated November 6, 2020 between Ron Herndon Jr. as ‘Lessor' and Cannextract LLC as ‘Lessee', including page 17 with added handwritten paragraphs.” This lease relates to Units 2 and 3 which Plaintiffs allegedly leased from the ...
2023.03.06 Motion for Summary Judgment, Adjudication 295
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.06
Excerpt: ...ility based on a negligence and failure to warn theory. According to the complaint, the incident occurred as Salinas was walking away from the checkout stand with a bag in her hand. The Motion for Summary Judgment/Adjudication Now, through the pending motion, Walmart seeks summary judgment/adjudication, on the grounds that Salinas cannot meet her burden of establishing that the dangerous condition existed for a sufficient time to support a findin...
2023.03.06 Demurrer, Motion to Strike 901
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.03.06
Excerpt: ...duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Under her first cause of action for negligence, Plaintiff alleges the District “knew or should have reasonably known” Allen “had or was capable of” sexually abusing Plaintiff or other victims. (Compl. ¶98.) Plaintiff further alleges the District breached its duties by faili...
2023.03.03 Motion for Judgment on the Pleadings 248
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.03.03
Excerpt: ... Exhibits A-K and M-Q in their entirety. 2. Motion: A. Where the moving party in a motion for judgment on the pleadings is the defendant, the motion is limited to the grounds that the court has no jurisdiction over the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against the defendant. (Code Civ. Proc., § 438, subds. (c)(1)(B)(i)- (ii).) Like a demurrer, ...
2023.03.03 Demurrers to FAC 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.03
Excerpt: ...hibit 1 (to both Defendants Bamboo & Catlin's Requests), the First Amended Complaint. The Court would GRANT. 2. As to Exhibits 2-4 (to Defendant Bamboo's Requests), state license information and Statements of Information filings relating to Bamboo, the Court would GRANT as to the existence of such documents only. The existence of a document recorded in the official records of a government body may be judicially noticeable, but its proper interpre...
2023.03.02 Motion to Compel Further Responses 147
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.03.02
Excerpt: ...emed a limited civil case. (Gov. Code, §53069.4.) In limited cases, discovery is permissible but limited on the total number of interrogatories, document demands, and admission requests that can be propounded. (Code Civ. Proc., §94.) As a limited civil case authorizes discovery, and the appeal is treated like a limited civil case, it cannot be said that Appellants are denied the right of limited discovery. Arguably vague, Interrogatory #21, the...
2023.03.02 Demurrer 376
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.03.02
Excerpt: ... relief; (3) partition; and (4) constructive trust. The underlying allegations are that Plaintiff and Defendant orally agreed that each would share a one-half interest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant...
2023.03.01 Motion to Compel Deposition 857
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.03.01
Excerpt: ...nder Code of Civil Procedure section 2025.450, however, it should be under section 2025.480. By the facts, a deposition notice was served to which Defendant GM objected. Section 2025.450 addresses compelling depositions when no objection is served. An objection was served, and there are entire objections to producing documents and answering questions. Thus, section 2025.480 which applies to objections to deposition questions and documents is more...
2023.03.01 Motion for Summary Judgment, Adjudication 559
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.03.01
Excerpt: ...represented by Counsel (and to this date, he is still represented by Counsel, as Counsel has never filed a proof of service of the signed Order). On November 22, 2021, Plaintiff's Counsel (Eghbali Firm) obtained an Order Granting its Motion to be Relieved as Counsel (“Order”). That Order (¶5(a)) provides that the relief as counsel is effect “upon the filing of the proof of service of this signed order upon the client.” (See also Rules of...
2023.03.01 Motion for Preliminary Approval of Class Action Settlement 109
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.03.01
Excerpt: ...te and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the...
2023.02.27 Motion for Preliminary Approval of Class Action and PAGA Settlement 879
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.27
Excerpt: ...nited 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent...
2023.02.27 Motion for Preliminary Approval of Class Action Settlement 697
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.27
Excerpt: ... 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery ...
2023.02.27 Motion to Compel Arbitration 679
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.27
Excerpt: ...Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non-individual” components. In the Viking River lexicon, a...
2023.02.23 Special Motion to Strike 756
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.02.23
Excerpt: ...i-SLAPP motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier (subject to the trial court's discretion to permit a late motion). This interpretation maximizes the possibility the anti-SLAPP statute will fulfill its purpose while reducing the potential for abuse.” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal. 5th 637, 65...
2023.02.23 Motion to Consolidate Cases 160
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ...ums, (3) unpaid rest period premiums, (4) minimum wages, (5) untimely final wages, (6) untimely wages, (7) wage statements violations, (8) payroll records violations, (9) reimbursements, and (10) violations of the unfair competition law. Plaintiff seeks to represent Defendant's California hourly and non-exempt employees who worked during the statutory period. On September 14, 2021, Plaintiff separately filed a single cause of action Private Attor...
2023.02.23 Motion to Compel Individual Arbitration and Dismiss Representative Claim 046
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.23
Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and...
2023.02.23 Motion to Compel Arbitration 196
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.23
Excerpt: ...eved employees.” On the one hand, the basic coverage provision in the agreement is broad, covering all claims the employee may have against the company unless otherwise excluded. (See Arbitration Agreement, p. 1, ¶ 1 (“Claims Covered by the Agreement.”) On the other hand, the agreement also provides: These claims are not covered under the Agreement: …(iv) representative actions for civil penalties filed under the California Private Attor...
2023.02.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 218
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.23
Excerpt: ..., adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigat...
2023.02.23 Motion for Final Approval of Class Action Settlement 791
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ...rest break violations; (5) reimbursement violations; (6) final pay violations; (7) wage statement violations; (8) unfair competition law violations; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). The LWDA was given notice of Plaintiff's claims as of September 11, 2022. Plaintiff sought to represent all of the hourly, non-exempt current and former California who worked at Defendant's lumber and building supplies busi...
2023.02.23 Motion for Final Approval of Class Action Settlement 591
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.23
Excerpt: ... settle. As such they have argued, in the alternative to denying the motion, the Court may continue the matter past the pending mediation and motion to stay. Page 4 Defendant roofing company's overspray blew silicone adhesive on to nearby properties and various nearby tractors, trucks, and automobiles. The proposed class are “all persons whose vehicles were damaged by silicone overspray on October 18, 2018, at 1901 Raymer Ave., Fullerton, CA 92...
2023.02.23 Motion for Final Approval of Class Action Settlement 369
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.23
Excerpt: ..., Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through tr...
2023.02.23 Motion for Approval of PAGA Settlement 082
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.23
Excerpt: ...laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court finds that the settlement is fair, reasonable, and adequate under Moniz. The court further finds that all representative plaintiffs with the exc...
2023.02.22 Demurrer to FAC, Motion to Strike 598
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.22
Excerpt: ... alleged facts are insufficient to support punitive damages. Defendants argue that California does not recognize a cause of action for gross recklessness. The Court agrees. “‘Ordinary negligence'—an unintentional tort—consists of a failure to exercise the degree of care in a given situation that a reasonable person under similar circumstances would employ to protect others from harm. [Citation.] [¶] ‘Gross negligence' long has been def...
2023.02.22 Motion for Preliminary Approval of Class Action Settlement 218
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.22
Excerpt: ..., adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigat...
2023.02.22 Motion to Compel Arbitration, Strike Class Allegations and Claims, Dismiss PAGA Complaint 183
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.22
Excerpt: ...to arbitrate the controversy exists. . . .' ([Code Civ. Proc.,] § 1281.2) The statute does not require the petitioner to introduce the agreement into evidence.” (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218.) “A plain reading of the statute indicates that as a preliminary matter the court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity.” (Condee v. Long...
2023.02.22 Motion to Compel Further Responses 100
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.22
Excerpt: ... current resume of 7 employees. In their initial responses, Walmart's initial responses consisted of boilerplate objections: relevancy, privacy, Page | 2 vague and ambiguous, and unduly burdensome. Subsequently, Walmart served identical supplemental responses to Request Nos. 57-65, each of which states: There are no documents responsive to this request in Defendant's possession, custody, or control. Plaintiff argues that relevancy is not a valid ...
2023.02.22 Motion to Compel Further Responses 173
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.22
Excerpt: ... and implied warranty under the Song-Beverly Act. In essence, Plaintiffs allege they purchased the 2020-year subject vehicle from Defendant, that express and implied warranties existed, and that there were various defects and non-conformities that arose during the warranty period. Plaintiffs sent the vehicle in for repairs but Defendant was unable to successfully repair it after a reasonable number of attempts. Plaintiffs also alleges that, after...
2023.02.22 Motion to Compel Individual Arbitration and Dismiss Representative Claim 046
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.22
Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and...
2023.02.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 217
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.21
Excerpt: ...ment is fair, adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of fur...
2023.02.21 Motion for Final Approval of Class Action and PAGA Settlement 833
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.21
Excerpt: ...ust demonstrate that “the settlement is fair, adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, com...
2023.02.17 Motion to Strike or Tax Costs 493
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.17
Excerpt: ...tice of Errata regarding their motion. As threshold matter, both the motion and errata are unsigned and should have been rejected by the court. The notice of motion and the accompanying motion, filed on September 6, include a designation “/s” on the signature line, which in other contexts is sometimes used to indicate an electronic signature, but this court does not yet utilize electronic filing. Therefore, these documents are both unsigned. ...
2023.02.17 Motion to Dismiss or Stay 796
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.17
Excerpt: ...ce to Yudo Inc., and it has been paying death benefits due to the death of Yudo's employee, Manuel Ortega, who died in an auto accident in New Mexico on July 18, 2019. Plaintiff further alleges Lancer and Palma were the legal and proximate cause of the accident and Ortega's death. Plaintiff's complaint includes two causes of action: (1) general negligence; and (2) motor vehicle negligence. On April 19, 2022, the Court (Judge Robinson) signed and ...
2023.02.17 Motion for Summary Judgment 887
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.17
Excerpt: ...ntenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264, disapproved on other grounds in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 939, FN.13.) As to the Motion for Summary Judgment: The Court would DENY the motion. Case Summary This matter is an Unlawful Detainer. The Complaint alleges that Plaintiff purchased the real property that was previously owned by Defendants. Defendants failed to vacate the property after the s...
2023.02.17 Motion for Preliminary Approval of Class Action Settlement 569
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.17
Excerpt: ... Class Action Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that “the settlement is fair, adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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) 1...
2023.02.17 Motion for Preliminary Approval of Class Action and PAGA Settlement 149
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.17
Excerpt: ...p.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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the...
2023.02.16 Demurrer to SAC 993
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.16
Excerpt: ...ndant” or “Honda”) filed a demurrer which the Court sustained on June 7, 2022 with leave to amend. Plaintiff did not file an opposition to the demurrer. Plaintiff filed a first amended complaint (“FAC”) on June 27, 2022 asserting the same single cause of action. On September 26, 2022, Honda filed a motion for judgment on the pleadings. The Court sustained the motion for judgment on the pleadings with leave to amend. On November 18, 2023...
2023.02.16 Motion for Approval of PAGA Representative Action 024
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.16
Excerpt: ... law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff 5 “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine what is ...
2023.02.16 Motion for Final Approval of Class Action and PAGA Settlement 344
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.16
Excerpt: ...(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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and...
2023.02.16 Motion for Approval of PAGA Representative Action 380
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.16
Excerpt: ...ished in the Senate Daily Journal, dated July 29, 2004. These Requests are unopposed, and the Court GRANTS them. As to the Motion for Approval: The Court's tentative is to GRANT. Standards Settlements under PAGA at Labor Code sections 2698, et seq., do not require preliminary approval. The court must find, however, that the PAGA settlement is “fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, d...
2023.02.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 658
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.16
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discove...
2023.02.16 Motions in Limine 873
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.02.16
Excerpt: ...ves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Where any motion is granted, the Court orders the parties and their attorneys to advise all witnesses: 1. Not to mention, refer or attempt to convey to the jury any evidence excluded or limited; and 2. Not to make any reference to the fact that any Order was made on a mot...
2023.02.15 Motion to Deem RFAs Admitted 375
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.15
Excerpt: ...endant Flowers, who made an abrupt and unsafe left turn, causing a crash that injured Plaintiff. Plaintiff further alleges that Defendant Flowers was operating his shuttle during the course and scope of his employment and that the shuttle was leased, entrusted or owned by the various other Defendants (collectively, Defendants). Plaintiff filed suit on December 3, 2021, alleging (1) motor vehicle negligence; (2) common carrier negligence; and (3) ...
2023.02.15 Motion to Compel Further Responses 643
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.02.15
Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. Regardless of the number of drivers involved in this request, without additional information demonstrating that these individuals are witnesses, releasing ...
2023.02.15 Motion for Preliminary Approval of Class Action Settlement 344
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.15
Excerpt: ... Inc. (2008) 168 Cal.App.4th 116, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through tri...
2023.02.15 Motion for Preliminary Approval of Class Action Settlement 148
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.15
Excerpt: ...l.App.4th 116, 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 amo...
2023.02.15 Motion for Approval of PAGA Settlement 346
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.15
Excerpt: ... USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. Counsel seeks $45,333.00 as an attorney fee. While counsel stated the number of hours worked on the case, which allows the court to calculate the hourly rate, no lodestar analysis...
2023.02.14 Motion for Attorney Fees, to Tax Costs 991
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.14
Excerpt: ...ent in the underlying eminent domain proceeding related to the Archibald Avenue Improvement Project, which was intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near State Route 60. In entering the judgment, the Court determined that defendants Kuzina Development, LLC (Kuzina) was entitled to $206,475.50 for the San Bernardino County Transportation Au...
2023.02.14 Motion for Final Approval of Class Action Settlement 835
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.14
Excerpt: ...iscretion 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of...
2023.02.14 Motion for Preliminary Approval of Class Action Settlement 592
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.14
Excerpt: ... Cal.App.4th 116, 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 ...
2023.02.14 Motion for Relief from Government Claims Act 398
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.14
Excerpt: ...ers. Petitioner claims damages arising from the alleged use of excessive force by police sometime between April 27 and 30, 2020. Respondents oppose the petition. Analysis The motion is supported by the declaration of attorney Steven Parnell Weaver (Weaver), and opposed by the declaration of Fontana Police Lieutenant Matt Kraut (Kraut). While these declarations do reveal some minimal discrepancies in the timeline of events, none are significant en...
2023.02.14 Motion to Compel Further Responses 756
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.02.14
Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #34 to 43. Responses to interrogatories #34 and 39 indicated that the missing records have now been locat...
2023.02.14 Motion to Compel Further Responses 807
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.02.14
Excerpt: ...s and ages not connected with any specific person is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #27-30 (misnumbered in Defendant's response as 30-33). There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #31 to 40 (mi...
2023.02.14 Motion to Stay 772
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.14
Excerpt: ...-hour class action asserted by a mechanic against his former employer. On March 3, 2022, Plaintiff filed this matter seeking to represent all of Defendant's current and former hourly, non-exempt California employees during the statutory period. His suit alleges (1) wage violations; (2) wage statement violations; (3) waiting time penalties; and (4) violation of the unfair competition law. Relevantly, Olid v. Westrux International, Inc., et al, Cas...
2023.02.14 Motion to Strike FAC 213
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.14
Excerpt: ...d. The discrepancy covers approximately three months. Defendant's motion is overly broad, seeking to strike portions of the amended complaint that go far beyond the narrow issue and would result in portions of the pleading being stricken which Defendant does not challenge. Defendant clarifies, however, that if the court were to agree with Defendant's view of the issue, the court could grant the motion and allow Plaintiff to amend the complaint to...
2023.02.10 Motion to Compel Arbitration, to Strike 589
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.10
Excerpt: ...bitration Act (FAA) governs because Vista's business, and presumably the work performed by Muldrew, involve interstate commerce. The agreement, however, specifically provides otherwise. It states: “The arbitration shall conducted in the city and state of my employment and shall be governed and conducted in accordance with the laws of that state including all matters related to discovery, form of decision, procedures and remedy and relief availa...
2023.02.10 Motion for Preliminary Approval of Class Action Settlement 904
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.10
Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settleme...
2023.02.10 Motion for Final Approval of Class Action and PAGA Settlement 955
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.10
Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and ...
2023.02.09 Motion to Deem RFAs Admitted, to Compel Responses, for Sanctions
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.09
Excerpt: ...ctions 2 6. Motion to Compel Resp. to Special Interrogatories, Set Two & for Sanctions 2/9/23, 8:30 a.m., Dept. S17 Preliminary: The underlying discovery was all served via email, but the submitted declarations do not indicate why such service is appropriate. (See Rules of Court, rule 2.251(b).) However, the Court notes the parties prior filings have utilized also uniformly used email service, and thus the Court will inquire regarding the appropr...
2023.02.09 Motion for Summary Judgment, Adjudication 304
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.09
Excerpt: ...ockton v. Superior Court (2007) 42 Cal.4th 730, 734.) The purposes of the claim presentation is to provide public entities with sufficient information to enable them to investigate the merits of claims while the evidence is still fresh and the witnesses are available; to prevent public funds from being consumed in “needless” litigation by affording public entities an opportunity to settle claims before incurring litigation expenses; to provid...
2023.02.09 Motion for Final Approval of Class Action Settlement 709
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.09
Excerpt: ... (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed an...
2023.02.09 Motion for Approval of PAGA Settlement 147
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.09
Excerpt: ...SA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court is unable to make these findings because counsel has not provided the number of aggrieved employees who will participate in the settlement (actual or even estimated). The ...
2023.02.08 Demurrer, Motion to Strike 182
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.08
Excerpt: ...the Mansukhani Action. The Court would GRANT and take judicial notice of the existence of the referenced court documents. Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts, it may not take judicial notice of the truth of the hearsay statements within or of the factual findings made in those other actions. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768.) As to Cross...
2023.02.08 Motion to Compel Compliance with Deposition Subpoena, for Protective Order 926
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.08
Excerpt: ... failed to demonstrate any unreasonable delay, obstruction, or lack of substantial justification in producing the deponent. The delay resulted from deponent being on medical leave. In fact, the deposition was taken by Zoom while the deponent was still on medical leave, bedridden. The moving party has failed to establish substantial justification for filing the unmeritorious motion. Sanctions are therefore awarded to the City, assessed against cou...
2023.02.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 228
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.08
Excerpt: ...012) 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and t...
2023.02.08 Motion to Expunge Lis Pendens 057
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.02.08
Excerpt: ...rse parties at “all known addresses”; and (2) all owners of record shown in the “latest county assessment roll.” (Code Civ. Proc., §§ 405.22, 405.23). Here there is no dispute that the lis pendens was served after its recordation. Substantial compliance in Biddle involved the manner of mail service and waiver of defects, and thus, distinguishable from the case at hand. Biddle v. Superior Court (1985) 170 Cal.App.3d 135. CCP § 405 is cl...
2023.02.07 Motions to Compel Further Responses to Discovery 776
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.07
Excerpt: ...rifications, the parties agreed to the deadline. These motions are brought more than a year after either date (the deadline agreed to by the parties or the deadline ordered by the court). These motions are therefore denied. Set 2 of Requests for Production The requests embrace tax returns, balance sheets, profit and loss statements, and other documents demonstrating defendant's financial condition during the liability period. Defendant objects on...
2023.02.07 Motion to Compel Arbitration 669
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.07
Excerpt: ...claims asserted by plaintiff. The issue is whether Precise Distributions, a non-party, can enforce it under theories of third- party beneficiary, equitable estoppel, or agency. Third Party Beneficiary Plaintiff fails to demonstrate that the doctrine of third party beneficiary applies. A third party's rights under a contract are predicated upon the contracting party's intent to benefit that person. (Civ. Code, §1559; Hess v. Ford Motor Co. (2002)...
2023.02.07 Motion for Terminating Sanctions, for Monetary Sanctions 004
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.07
Excerpt: ...Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs), which Hussain opposed. On October 5, 2022, the Court heard Plaintiff's Motion to Compel Hussain's Initial Responses to Form Interrogatories (FRG), Special Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs) and made the following findings and rulings: Page | 5 (1) The Court granted Plaintiff's Moti...
2023.02.07 Motion for Terminating Sanctions 902
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.07
Excerpt: ...abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.' [Citation.]” (Ibid.) “It is well established ‘the purpose of discovery sanctions “is not ‘to provide a weapon for punishment, forfeiture and the avoidance of a trial on the merits,'” ... but to ...
2023.02.07 Motion for Preliminary Aproval of Class Action and PAGA Settlement 018
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.02.07
Excerpt: ...ir of the Judicial Council of the removal, but indicated that the coordinated proceedings would remain open due to the possibility of remand. On April 13, 2022, counsel informed the court that the matters were remaining in federal court. This court therefore scheduled an order to show cause why the coordinated proceeding should not be closed on June 24, 2022. On June 24, counsel advised the court that the matters were settling and that a motion f...
2023.02.06 Motion to Tax Costs 306
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.06
Excerpt: ...aint, and awarding Nulook $7,304.66 plus prejudgment interest of 10% per annum dating back to August 4, 2016. On November 21, 2022, Nulook filed its memorandum of costs seeking $7,002.42, along with a supporting declaration from counsel containing receipts. On December 8, 2022, M N M filed the instant motion to tax costs. Nulook opposes. No reply is on file to date. DISCUSSION Statement of the Law Except as otherwise expressly provided by statute...
2023.02.06 Motion for Leave to File SAC 604
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.06
Excerpt: ...ler also does not argue that the amendment would be time barred or address whether the new claims should relate back to the initial filing. (Opposition at 2:6-7 [defendant will not analyze the proposed pleading as that would be improper in connection with the motion for leave].) Page | 2 What Miller does argue is that the motion is not timely as Whitten was aware of the Suicas' purported percipient status in November 2020 and he fails to explain ...
2023.02.03 Motion to Confirm Arbitration, for Sanctions 501
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.02.03
Excerpt: ...n the judgment. (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280 [“Highland Springs”].) The addition of an alter ego is an equitable procedure based on the theory that the court can insert the correct name of the real defendant. (Ibid.) Page | 2 The request to amend should be by a notice motion. (Highland Springs, supra, 244 Cal.App.4th at p. 280.) The Court need not hold an evidentiary hearing...
2023.02.02 Demurrer to FAC 398
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.02.02
Excerpt: ...tract action against Defendant City of Redlands (“Defendant” or “Redlands”). Plaintiff's complaint included five causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) reformation; (4) declaratory relief; and (5) promissory estoppel. On August 5, 2022, the Court denied the notice of related cases filed by Coyote and found this action was not related to LLTVA2200544. On October 12, 2022...
2023.02.01 Motion to Compel Arbitration and Dismiss Claim 290
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.02.01
Excerpt: ...eme Court's holdings in Adolph v. Uber Technologies. Case Summary On January 18, 2022, Plaintiff Donna Thomas filed this putative wage‐and‐hour class action against Defendant Ocelot Engineering, Inc. The operative First Amended Complaint (FAC) added a cause of action for civil penalties under the PAGA. The FAC alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay overtime compensation; (3) failure to provide meal p...

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