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2023.07.05 Motion for Trial Preference 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.05
Excerpt: ...ege they were traveling on West 4th Street and North East Street in San Bernardino when a truck owned by defendant WEL Companies, Inc. (WEL, esa Tilens Truck Leasing, LLC) and operated by defendant Ronald E. Harvey (Harvey) ran a red light and struck their vehicle. Fourdyce was the passenger in Winslow-Williams' vehicle. WEL and Harvey answered. No trial date is currently set. On June 6, 2023, Plaintiffs filed this motion for trial preference und...
2023.07.03 Motion to Set Aside Order 199
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.03
Excerpt: ...ove up hearing, which was continued multiple times. Notably, Defendant appeared at the October 27, 2020 OSC hearing. Because Plaintiff's counsel failed to appear at that hearing, the Court set an OSC re dismissal hearing for December 9, 2020. (See Minutes 10/27/20.) On November 17, 2020, Plaintiff filed a motion for order appointing partition referee. On December 9, 2020, both parties appeared for the OSC hearing and requested a contnuance. The m...
2023.07.03 Motion to File Supplemental Complaint or FAC 565
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.03
Excerpt: ...y, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (c) upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. Unlike an amen...
2023.06.30 Motion to Compel Further Responses, to Deem RFAs Admitted 397
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.30
Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...
2023.06.29 Motion to Strike 793
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.29
Excerpt: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...
2023.06.28 Demurrer 495
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.28
Excerpt: ...laint pleads one cause of action for negligence. Defendants WI and Edison answered. The Complaint alleges on September 29, 2017, a fire broke out in the electrical room at 1640 E. 4th St., Ontario. The fire spread to the property owned by Golden Globalinks Corporation dba Golden Corral ("Golden"). MJI owns, possesses, manages, and/or maintains the maintenance room. Mid-century insured Golden and its property ("4-6). Defendant MJI filed a Cross-co...
2023.06.27 Demurrer 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.27
Excerpt: ...ore it too is barred by the statute of limitations. The demurrer is supported by a declaration from attorney Steven Friedland and a meet and confer e-mail. The demurrer is opposed by Defendant, but it seemingly responds to arguments not made in the demurrer. DISCUSSION under Code of Civil Procedure section 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose ...
2023.06.27 Demurrer 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.27
Excerpt: ...1) breach of lease against Lefty, and (2) breach of guaranty against Mallad. Defendants answered. Defendants Lefty and Mallad filed a Cross-complaint against Cross-Defendant Kim. The Cross-complaint pleads 4 cross- claims: (1) breach of the implied covenant, (2) breach of the covenant of quiet enjoyment, (3) constructive eviction, and (4) rescission. The Complaint and Cross-complaint allege on August 4, 2020, Rivsa SB Pad, LLC ("Rivsa") and Lefty...
2023.06.15 Motion to Quash Subpoenas 798
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.15
Excerpt: ...P.A.; Eugene Lawrence Kwong, M.D.; and Alan Scott Herford, D.D.S., M.D. The complaint alleges a single cause of action for general negligence relating to what appears to be dental and/or medical malpractice. The complaint itself contains limited details about the facts of the case. However, the government claim attached to the complaint provides on May 5, 2021, at Arrowhead Regional Medical Center, "a medical/dental negligence surgical procedure ...
2023.06.14 Motion to Compel Compliance Re Deposition Order 649
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.14
Excerpt: ... on or before May 1, 2023. (Thomas Decl. at 993-6; Major Decl. at "2-4.) After this order, Plaintiff reached out seeking dates. (Thomas Decl. at "7-8, Exh. 8.) On April 25, 2023, GM offered the deposition date of May 9, 2023. (Major Decl. at 95.) Instead of accepting the deposition offered date, Plaintiffs Benitez file this moton seeking to compel compliance with the February 1, 2023, order. Defendant GM opposes. Plaintiffs Benitez replies. DISCU...
2023.06.08 Motion to Compel Deposition of PMQ 029
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.08
Excerpt: ...ION Evidentiary Objections With the reply, Plaintiff submits evidentiary objections to the arar Declaration. The Court SUSTAINS Objection Nos. 1, 2, 3, 9 (argumentative), 4 (irrelevant), 5, 6, 7, 8, (lacks foundation/personal knowledge). DISCUSSION Plaintiff originally noticed the deposition to proceed on March 17, 2023. (Ullman Decl. '1 1 and Exh. 1.) GM admits in its opposition that the PMQ deposition was noticed and that GM failed to appear or...
2023.05.26 Motion to Compel Arbitration 795
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.26
Excerpt: ...he ceiling. The incident caused damage to the residence, personal property, and also exposed Carmona's relatives to injury. Semper Solaris then breached the contract by failing to pay for the cleanup and repair costs. Based on these allegations, Carmona commenced suit against Semper Solaris in October 2022 for (1) negligence, (2) breach of contract, (3) products liability, and (4) strict liability. Now, through the pending motion, Semper Solaris ...
2023.05.24 Motion to Expunge Lis Pendens 699
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.24
Excerpt: ...ecord a notice of pendency in which that real property claim is alleged. (Code Civ. Proc., 5405.20.) A real property claim means the cause(s) of action in a pleading, if meritorious, affects title to or the right of possession of a specific real property, orthe use of an easement. (Code Civ. Proc., 5405.4.) A Lis Pendens may be ordered removed from the record because (i) the complaint does not contain a real property claim (Code Civ. Proc., 5405....
2023.05.24 Demurrer 699
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.24
Excerpt: ... (SAC) pleads 7 causes of action: (1) breach of contract, (2) promissory estoppel, (3) quiet title, (4) unjust enrichment, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) constructive trust. The SAC alleges Daniel and Kendall entered into a rent-to-own contract on April 27, 2014, concerning the property at 9886 Encina Ave., Bloomington for a sales price of $265,000. Before this, Daniel was a tenant at the Subject Prope...
2023.05.15 Motion to Compel Further Responses, for Sanctions 895
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.15
Excerpt: ...es. Stater Bros. followed up multiple times, but Cervantes failed to respond. As a result, the pending motion to compel further RFA and FRog responses were filed. The motion involves RFA No.'s 1-8 and FRog No. 17.1. The motion is supported by a separate statement; declarations from attorneys Alisha Maline and Angelica Samaniego; the discovery and discovery responses; the e-mails regarding the extensions; and the meet and confer e-mails. In opposi...
2023.05.05 Motion to Compel Further Responses 597
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.05
Excerpt: ... as vague, ambiguous, and overbroad, and pursuant to Code of Civil Procedure section 2030.230 refers Plaintiff to specified documents it has produced which purportedly identify the individuals and transactions, including dates and times, of which Defendant is familiar regarding the subject incident. Plaintiff argues reference to the writings are improper because they require them to "dig" through the referenced documents to locate the responses. ...
2023.05.04 Petition for Writ of Administrative Mandate 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.04
Excerpt: ...ued Petitioner an Administrative Civil Penalties Notice regarding an unpermitted marijuana dispensary located on Petitioner's property. It imposed a penalty of SIK per day. Petitioner requested an administrative appeal hearing, which was held on June 24, 2021. The Administrative Law Judge (AU) ruled in favor of the City, imposing a SIK per day penalty from April 20, 2021 until the date the violations were cured. Petitioner alleges the dec:ision c...
2023.05.02 Motion for Judgment on the Pleadings 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.02
Excerpt: ... of action: (1) negligence and (2) premise liability. Defendant Apple answered. The FAC alleges on May 26, 2018, Plaintiffs Lewis and Ballou tripped and fell on the walkway at 12044 Armargosa Rd„ Victorville. That property is owned, controlled, possessed, and/or managed by Apple ("7-9). Defendant Apple moves for Judgment on the Pleading as to Plaintiff Ballou. Plaintiff Ballou opposes.[l] Defendant Apple replies.[2] DISCUSSIONS Judicial Notice[...
2023.05.01 Motion to Consolidate 719
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.01
Excerpt: ...ts Valley Power Systems, Inc. (Va ley) and Joseph Zucker (Zucker) on August 19, 2020, alleging causes of action for motor vehicle and general negligence. Natasha alleges she was traveling northbound on Interstate 215 at or near Palm Avenue in San Bernardino on March 13, 2019, when her vehicle was hit by another vehicle driven by Zucker and owned by Valley. Zucker was intoxicated and driving the wrong way, and admitted to police he had been drinki...
2023.05.01 Demurrer, Motion to Strike 196
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.05.01
Excerpt: ...n February 9, 2023, Plaintiff filed its operative First Amended Complaint (FAC) against Defendant. It includes two causes of action: (1) breach of contract; and (2) "tortious bad faith; breach of implied covenant and fair dealing." Plaintiff alleges the following: Plaintiff inspects and, when necessary, repairs roofs. At the request of Marco Chavez ("Policy Holder"), Plaintiff inspected the roof of a property in Rancho Cucamonga. After identifyin...
2023.04.27 Demurrer to FAC 973
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.27
Excerpt: ... Amended Complaint AC") alleging two causes of action for Negligence—one against County, and the other against Doe Defendants 2 through 25. On March 30, 2023, County filed the current Demurrer to the first cause of action in the FAC on the ground it does not state facts suffcient to constitute a claim. Plaintiff opposes, and County replies. DISCUSSION l. Request for Judicial Notice County asks this court to take judicial notice of the following...
2023.04.26 Motion for Leave to File FAA 397
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.26
Excerpt: ...r. According to the complaint, Plaintiff entered into a warranty contract with Ford on October 23, 2017 regarding a 2017 Ford F-150. Within the warranty period defects and nonconformities manifested themselves, including but not limited to engine and electrical. (Complaint, "15, 16.) Defendant Ford answered on May 24, 2022, generally denying the unverified Complaint and raising 15 Affirmative Defenses. At issue today is Defendant Ford's Motion fo...
2023.04.25 Motion to Set Aside Default Judgment 898
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.25
Excerpt: ...ignee of Department Stores National Bank and lists two causes of action - account stated and open book account. On June 30, 2022, Calvary filed a proof of service of summons showing personal service on Martha Guzman at her home him Hesperia on June 25, 2022 at 2:25 p.m. Service was by an independent registered process server, William Hampton. The Court docket reveals that on July 28, 2022, a document presented by Defendant Guzman was returned by ...
2023.04.25 Motion for Summary Judgment, Adjudication 996
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.25
Excerpt: ...and (4) credit extended. Defendant Mulica answered. The Complaint alleges Discover Bank issued a credit card to Mulica who incurred a debt of $5,456.82. Plaintiff Discover Bank moves for summary judgment/adjudicaäon. Defendant Mulica opposes. DISCUSSIONS Statement of the Law A summary judgment motion cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 84...
2023.04.21 Motion to Compel Further Responses 597
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.21
Excerpt: ...G. Pascal (Decl. Pascal) 3, Exhibit 1.) On December 6, 2021, GM filed its first Motion for Protective Order, which was set for hearing on February 17, 2022 and was by Plaintiff. This motion was apparently taken off calendar because as the Court had issued an Order Re: Discovery Conference, on February 14, 21N2, which GM had not complied with prior to filing its Motion for a protective order. On July 8, 2022, GM filed its second Moton for Protecti...

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