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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...
2023.03.02 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...
2023.02.22 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 ...
2023.02.09 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...
2023.02.07 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 ...
2023.02.06 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...
2023.01.31 Motion to Compel Arbitration and Stay Action 106
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.31
Excerpt: ...rbitration agreement may compel or be compelled to arbitration in six circumstances: (1) thirdparty beneficiary, (2) incorporation by reference, (3) agent, (4) equitable estoppel, (5) alter ego/pierce the corporate veil, and (6) assumption. (Young Seck Suh v. Superior Court (Cha Hollywood Medical Center, L.P.) (2010) 181 Cal.App.4th 1504, 1513; Boucher v. Alliance Title Company, Inc. (2005) 127 Cal.App.4th 262, 268.) Equitable estoppel associated...
2023.01.31 Motion for Leave to File Amended Complaint 404
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.31
Excerpt: ...d proposed amended complaint be deemed filed and served as of the date this motion is granted. The proposed First Amended Complaint seeks to add a claim for punitive damages based upon the fact that Defendant disclosed in discovery that he was looking down at his cell phone when he rear‐ end Plaintiff's vehicle. The additional allegations added in the proposed First Amended Complaint are located in the following paragraphs: (1) Paragraphs 9‐1...
2023.01.10 Motion for Prejudgment Possession 107
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.10
Excerpt: ... 130050.) As a public utility commission, SBCTA is authorized to exercise the power of eminent domain. (Cal. Const., art. 1, §19, subds. (a), (e)(2); Pub. Util. Code, §§130220.5, 130809, subd. (b)(4).) A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity. (Code Civ. Proc., §1245.220.) The “Resolution of Necessity” must contain a general statement of the public use for...
2023.01.05 Motion to Strike or Tax Costs
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.05
Excerpt: ...h ‘costs' and ‘expenses.' Examining the language of the statute [citation], it is clear the Legislature intended the word ‘expenses' to cover items not included in the detailed statutory definition of ‘costs.'” (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 137.) Costs are recoverable Page | 2 by the plaintiff if they were “reasonably incurred by the buyer in connection with the commencement and prosecution” of the...
2023.01.04 Motion to Tax Costs
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.04
Excerpt: ...intiff claimed $536.80 for filing the complaint. Defendants seek to tax $101.80 from the complaint filing fee as in excess of the first paper filing fee of $435.00. Plaintiff concedes the filing fee is $435.00, but she is claiming $101.80 for messenger and copying fees for filing with the court. Messenger fees are Page | 2 not expressly authorized by statute, but may be allowed in the court's discretion. (Ladas v. California State Auto. Assn. (19...
2023.01.03 Motion to Compel Further Responses 403
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.03
Excerpt: ...ising to provide further responses to the interrogatories at issue and to also provide a substantive response to Plaintiff's extensive meet and confer efforts to narrow the disputes. According to the Declaration of Plaintiff's attorney, Melinda Jane Steuer, these promises were also made to the Court at the IDC. (Steuer Supp. Decl. [filed 12/23/22], ¶ 2.) Yet now, with a motion pending, Mr. Crosby filed a single‐page Page | 2 Opposition pointin...
2022.12.15 Motion to Strike FAC 576
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.12.15
Excerpt: .... Proc., § 472, subd. (a).) However, once an answer has been filed, the plaintiff must file a noticed motion for leave to amend in order to make substantive amendments. (See id., § 473, subd. (a)(1).) Here, Plaintiffs filed their FAC without first obtaining leave of court. Plaintiffs' FAC adds three causes of action and new theories of liability. Because Plaintiffs failed to follow the noticed motion procedure, their FAC was not filed in confor...
2022.12.15 Demurrer to FAC 002
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.12.15
Excerpt: ... through their legally mandated breaks. (¶¶ 9‐11.) On or about March 18, 2020, Castellon was told he was the subject of a two‐week investigation, led by Fuentes, because Castellon had allegedly allowed his dockworkers to work through their lunch breaks. (¶ 12.) There is no allegation in the Complaint that, during this March 18, 2020 meeting, Castellon explained to Leal that he and his dockworkers were forced to work through their breaks by...
2022.12.12 Demurrer to SAC, Motion to Strike 800
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.12.12
Excerpt: ...the first cause of action for harassment under FEHA, with 15 days leave. a. There are no facts showing severe and pervasive conduct. (Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283‐ 284 [indicating that to be actionable the harassment must arise to that level].) (3) Overrule the demurrer to the second cause of action for retaliation. a. It is not dispositive that there was no harassment since the plaintiff need only r...
2022.12.01 Demurrer, Motion to Strike 104
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.12.01
Excerpt: ...s misconduct, and no facts constituting authorization or ratification have been alleged. Plaintiff opposes the motion, asserting the claim is well pled. Page | 2 Elder Abuse and Dependent Adult Civil Protection Act (“the Act”, Welf. & Inst. Code, § 15600, et. seq.). The elements required to establish a violation of Act are: 1. The defendant had a substantial caretaking or custodial relationship with the plaintiff, involving ongoing responsib...
2022.11.28 Motion for Leave to File FAC 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.11.28
Excerpt: ...matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown.” (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) This is a purely discretionary motion for the Court. (WEIL Page | 2 & BROWN, CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL [The Rutter Group] ¶ 6:637.) Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 states in pertinent part: Having examined ...
2022.11.17 Motion for Leave to File SAC 045
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.11.17
Excerpt: ...d Proposed Amended Complaint be deemed filed and served as of the date this motion is granted. Plaintiff properly discloses what the amendments are in the proposed Second Amended Complaint. (See Decl. Shan, Exhibit 1.) Plaintiff moves for leave to file a Second Amended Complaint to add Chevron U.S.A. Inc. dba Chevron Products Company as a defendant, as it has been uncovered through discovery that Chevron U.S.A. Inc. dba Chevron Products Company i...
2022.11.17 Motion for Good Faith Settlement Determination 003
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.11.17
Excerpt: ... recovery and the settlor's proportionate liability CareMore argues that the total recovery is limited by the MICRA limit of $250,000 against medical providers, and the amount of the confidential settlement is $165,000. (Confidential Decl. of Wendy Coulston at ¶¶5‐6.) The single cause of action against CareMore is for wrongful death by medical malpractice. The complaint alleges the medical malpractice defendants, including CareMore, negligent...
2022.11.10 Motion for Summary Adjudication 701
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.11.10
Excerpt: ... for Judicial Notice Included in Defendant's appendix of evidence is a request for judicial notice of three government claim forms submitted by Plaintiff to Defendant. (RJN Exs. A‐C.) Defendant's request is unopposed. Page | 2 Government claims are generally proper subjects of judicial notice. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the pub...
2022.11.02 Motion for Summary Judgment, Adjudication 501
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.11.02
Excerpt: ...ubalcaba are Overruled in their entirety; (3) Defendants' Sixteen Evidentiary Objections to Declaration of Francesca Sparks‐Copeland are Overruled in their entirety; Page | 2 (4) Defendants' 118 Evidentiary Objections to Declaration of Dr. Melda Gaskins are Overruled in their entirety; (5) Defendants' Ten Evidentiary Objections to Declaration of Taylor M. Prainito are Overruled in their entirety; (6) Defendants' Evidentiary Objections to Plaint...
2022.10.24 Motion for Summary Judgment, Adjudication 005
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.10.24
Excerpt: ...bligations of an LLC, defendants completely ignore the alter ego allegations within the complaint. (Compl. at ¶ 7.) Page | 2 Under the alter ego doctrine “where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circumvent a statute, or accomplish some other wrongful or inequitable purpose, a court may disregard the corporate entity and treat the corporation's acts as if they were done by the...
2022.09.27 Motion for Summary Judgment, Adjudication 201
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.09.27
Excerpt: ...t any fellow employee responsible for injuries “arising out of and in the course of employment.” (See Labor Code, §§ 3600‐3602, 5300.) Workers' compensation is generally the exclusive remedy for disabling injuries, whether physical or mental, arising from employment (or termination of employment), unless: (1) the injury results from employer conduct that falls “outside the normal course of employment”; or (2) the employer's conduct fa...

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