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2024.05.15 Demurrer, Motion to Strike 994
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.15
Excerpt: ...0.41, 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 Page | 1 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), 435.5, subd. (a)(3).) Alexandria O. Pappas submitted a d...
2024.05.14 Motion to Compel Compliance for Production of Docs 647
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14
Excerpt: ...y at 6.) Pag e | 1 Under Code of Civil Procedure section 1005, subdivision (b), all papers opposing a motion shall be filed with the Court and a copy served on each party at least nine court days before the hearing on the motion. Given that the hearing on this motion is scheduled for May 14, Defendant was required to file and serve its opposition by May, but Defendant did not serve its opposition until May 3 and did not file its opposition unt...
2024.05.14 Motion for Stay 499
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14
Excerpt: ...hicle Code § 23153(A) -F – DUI Alcohol/Drugs Causing Bodily Injury; (2) Penal Code §12022.7(B)- E – Great Bodily Injury – Brain Damage or Paralysis; (3) Vehicle Code §23153(B) -F – DUI Page | 14 Alcohol/0.08 Percent or More Causing Bodily Injury; and (4) Penal Code §12022 .7(B)-E – Great Bodily Injury – Brain Damage or Paralysis. Mr. Little has also attached copies of written discovery served upon Smith. For every response, Mr. Li...
2024.04.26 Motion for Summary Judgment, Adjudication 754
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26
Excerpt: ...ed. An affidav it that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would b e admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second ha...
2024.04.26 Motion for Summary Judgment 148
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26
Excerpt: ...here are no triable issues of fact as to Plaintiffs' first, second, third and fourth causes o f acti on. First Cause of Action for Adult Abuse and Negl ect Page | 1 The elemen ts of a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the Act) are: (1) defendant had a substantial caretaking or custodial relationship with plaintiff/decedent, involving ongoing responsibility for plaintiff's basic needs, which an able -...
2024.04.17 Motion for Summary Judgment, Adjudication 154
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.17
Excerpt: ...d. An affidavi t that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would be admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second hand...
2024.04.11 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.11
Excerpt: ...sues must be admitted or denied, and any remaining questions could easily be answered or given more explanation under the discovery process. Thus, this pleading is not subject to a special demurrer. First (Negligence – Premises Liability/Failure to Warn – Negligen ce Per Se) and Second Causes of Action (Nuisance) In attacking the nuisance cause of action, Defendant argues (1) it is duplicative of the negligence cause of action and (2) nuisanc...
2024.04.09 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.09
Excerpt: ...objection #1 but SUSTAIN objection #2 (Lab. Code, §6304.5). Plaintiffs Navarro object to (1) Way's Declaration, entirely, because states in support of Opposition to RND's MSJ, (2) Dunn's Deposition at 13:7 -28, 14:2 -7, 15:13- 24, 16:26- 17:4, & 23:3- 5 Page | 5 becaus e not cited in the Separate Statement, and (3) Dunn's Deposition at 13:7 -28 because irrelevant: OVERRULE. Analysis Initially, Plaintiff Muro argues the Separate Statement is defe...
2024.04.08 Motion for Leave to File Amended Complaint
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.08
Excerpt: ...der Code of Ci vil Procedure section 473 for an order permitting the filing of the proposed SAC attached as Exhibit 1 to the Motion. The Motion lists amendments to the FAC including additional general allegations, the addition of a primary residence allegation under the HBOR Page | 2 claim, removal of the one action rule allegations, identification of the “rights of Mrs. Reece” for the wrongful foreclosure claim, amendments to the slander o...
2024.03.14 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.14
Excerpt: ...18 Ford Fusion ( “Subject Vehicle”) from Citrus in Ontario, California. Defendants' Separate Statement of Undisputed Facts (UF) #1. Only Ojeda is named on the sales contract. UF #2. The Song -Beverly Act allows only the buyer of consumer goods to seek redress for breac hes of the implied or express warranties. (Civ. Code, §1794, subd. (a); Atkinson v. Elk Corporation of Texas (2006) 152 Cal.App.4th 212, 222.) A buyer is “any individual who...
2024.03.04 Demurrer
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.04
Excerpt: ...e the objections to the pleading. The parties Page | 2 must meet and confer at least five days before the responsive pleading is due, but if they are unable to do so, an automatic 30 -day extension of time within which to file the responsive pleading will be granted by filing and serving a declaration on or before the date the response would be due, stating a good faith attempt was made to meet and confer. The moving party then must file and ...
2024.03.01 Motion to Stay
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.01
Excerpt: ... o f Electronic Protected Health Page | 2 Information and (b) 45 C.F.R. section 165.524 (right to access), and breach of the notification rule. He asks the stay be pending the investigation and any subsequent criminal proceedings. Now, civil litigations may be appropriately stayed when a party (generally the defendant) is subject to a criminal prosecution that may result in the party invoking his 5th Amendment privilege. (Pacers, Inc. v. Superio...
2024.02.20 Motion for Leave to File Complaint 500
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.20
Excerpt: ...tion of Emotional Distress. Kassing provides a noticed motion, declaration of counsel, Declaration of Cesar Olvares (“Olvares”) (Exhibit A), points and authorities, and a copy of the proposed cross -complaint. These causes of action must be raised by cross -com plaint as failure to plead them will bar defendants from asserting it in any later lawsuit (The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 6 -D, § 6:511 [citing CCP §4...
2024.02.20 Demurrer 539
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.20
Excerpt: ...gence o n conclusions versus the ultimate fact. To plead negligence, the plaintiff must allege (1) legal duty, (2) breach of the legal duty, (3) causation, and (4) damages. (Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 213.) An NIED claim is a general neglig ence claim. (Burgess v. Superior Court (Gupta) (1992) 2 Cal.4th 1064, 1072; Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790, 796, fn. 4.) It is analyzed under either a byst...
2024.02.13 Motion for Summary Judgment, Adjudication 504
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.13
Excerpt: ...retention and supervision. Alternatively, Sta¯mark motions under section 437c(f) of the Code of Civil Procedure for summary adjudication, alleging the two causes of action are without merit. The Complaint's General Negligence Cause of Action “The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment.” (Lisa M. v. Henry Mayo New...
2024.02.13 Motion for Determination of Good Faith Settlement 605
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.13
Excerpt: ...nt since Foldcraft was the designer and manufacturer of the booth Plainti¯ was seated on before the incident occurred. Foldcraft does not dispute that it designed and manufactured the wall mount booth, but contends the table at issue was not a Foldcraft product. At the time of this Þling, no parties have been able to identify the designer or manufacturer of the table (as opposed to the booth). Foldcraft's general commercial liability insurance...
2024.02.08 Demurrer 006
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.08
Excerpt: ...y-one days after receipt of his right-to-sue letter from the EEOC and thus, the instant action under federal law would be barred under the applicable statute of limitations. The Complaint's Þrst, second, third and fourth Causes of Action Under Title VII The running of the statute must appear “clearly and a¯irmatively” on the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. S...
2024.02.07 Demurrer 015
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.07
Excerpt: ...Plainti¯ renders this part of the Demurrer moot. Page | 2 1) Whistleblower Argument – 4th cause of action (Retaliation) The second theory asserted in the 4th cause of action for Retaliation, is that Plainti¯ was retaliated against for her whistleblowing activities, citing Labor Code, section 1102.5 in ¶81 of the Complaint. In ¶79, Plainti¯ alleges: Defendants Liberty and Independence, acting through Lashley, whom they had given de facto...
2024.02.02 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.02.02
Excerpt: ...y of their burden. It is still the moving party's burden to prove he or she is entitled to judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743-745; FSR Brokerage, Inc. v. Superior Court (Blanco) (1995) 35 Cal.App.4th 69, 73-74, fn. 4.) Page | 2 Request for Judicial Notice Best asks to the Court to take judicial notice of the following pursuant to Evidence Code, sections 452 and 453 (without further clariÞcation). “Judicial notice is th...
2024.01.31 Motion to Compel Further Responses, for Sanctions 702
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.31
Excerpt: ...omponent repair codes (No. 39). Plainti¯s also seek, without any limitation, documents su¯icient to show all customer complaint codes from 2018 to present (No. 40), and operation codes provided to authorized dealerships from 2018 to present (No. 41). GM responded with objections, including the requests seek conÞdential, proprietary, and trade secret information, and stated that no documents will be produced. The Court denies the motion to RF...
2024.01.31 Demurrer 405
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.31
Excerpt: ...te demur on the grounds of Code of Civil Procedure section 430.10, subdivision (c). This provision provides a demurrer lies when another action is pending between the same parties on the same cause of action. (Code Civ. Proc., §430.10, subd. (c); Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 [“Plant Insulation”].) If the Court sustains a demurrer under this subsection, the proper order is not dismissal, but abatemen...
2024.01.30 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.30
Excerpt: ...ainty. First Cause o Action – Inverse IndemniÞcation Page | 2 An inverse condemnation claim arises when “there [is] an invasion or an appropriation o some valuable property right which the landowners possesses and the invasion or appropriation must be directly and specially a¯ect the landowner to his injury.” (Border Business Park, Inc. v. City o San Diego (2006) 142 Cal.App.4th 1538, 1548.) A claim or inverse condemnation requires t...
2024.01.29 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.29
Excerpt: ...ponse to Supplemental Special Interrogatories as to Kelsea Moscatel Movant: Defendant Best Buy Stores, L.P. Respondents: Plainti¯s Cole and Kelsea Moscatel Page | 2 The Motions to Compel Further SRog Responses An overview of the law A motion to compel further responses is available when the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers....
2024.01.25 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.25
Excerpt: ...Civ. Proc., S 2031.310.) This Page | 3 motion can be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., S 2031.310, subd. A motion for an order compelling further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., S 2031.310, subd. (b)(l); Ki...
2024.01.25 Motion for Summary Judgment
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.01.25
Excerpt: ...1-50, inclusive Motion(s): Motion for Summary Judgment Movant(s): Defendants and Cross-complainants Ahmad Salamah, individually and dba A&A Auto Sales Respondent(s): Plaintiffs Mario Lalama and Noemi Lalama Discussion Analysis The undisputed Material Facts. Defendants submit 13 undisputed material facts (UMFs). In sum, the parties agree that this lawsuit arises out of an accident that occurred on June 26, 2019 in which Mario Lalama was driving hi...

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