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2023.04.20 Motion for Summary Judgment, Adjudication 036
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.20
Excerpt: ...premise liability and (2) negligence. Defendants BBV and McGraw answered. The Complaint alleges on July 11, 2020, Bradford was a short-term renter at 42942 Falls Ave., Big Bear Lake, when she fell after a wood step leading up to the front door broke ("1 & 8). McGraw and BBV owned, managed, controlled, and operated the property (97). Defendants McGraw move for summary judgment/adjudication. Plaintiff Bradford opposes. Defendants McGraw reply. Judi...
2023.04.20 Demurrer to SAC 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.20
Excerpt: ...rman, he spoke with Plaintiff's counsel on February 24, 2023, regarding the issues in the demurrer but the parties were unable to reach an agreement. (Decl. Silverman, '14.) The Court finds the meet and confer requirement SATISFIED under CCP 430.41(a). II. DEMURRER A. 1 st Cause of Acton: Invasion of Privacy under the California Constitution, a person holds a right of privacy. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129.) ...
2023.04.13 Motion for Summary Judgment, Adjudication 096
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.13
Excerpt: ...ent based on race/color/ethnicity/naäonal origin, age, and disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) retaliation in violation of Labor Cade S 1102.5; and (5) failure to take reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA. Now at issue is the District's motion for summary judgment, or in the alternative, summary adjudication directed to each cause of action. For each i...
2023.04.07 Request for Default Judgment 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.07
Excerpt: ...ces Department" and "San Bernardino County Administrative Office" as defendants. In his operative First Amended Complaint (FAC), filed November 10, 2021, Plaintiff alleges the County hired him as Emergency Services Director sometme after his retirement as Fire Chief of upland in 2012. (See FAC "9-18.) The County replaced Plaintiff in February 2020 and ultimately terminated his employment in April 2021. (See id. "29, 43.) Plaintiff alleges: [A]fte...
2023.04.07 Motion to Compel Deposition, for Sanctions, to Deem RFAs Admitted 496
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.07
Excerpt: ...d objections to the notice of deposition and failed to respond to the RFAs. On January 11, 2023, MBM filed this motion to compel deposition and motion to deem RFAs admitted. Both motions request monetary sanctions. After the motions were filed, Defendant filed a substitution of attorney on February 8, 2023 indicating she would be represented by Vip Bhola. These motions were originally on calendar for February 27, 2023. Defendant filed a late oppo...
2023.04.06 Motion for Leave to File Amended Complaint 596
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.06
Excerpt: ... Schuh v. Cal. Dept. of Trans, et Civ.SB.2029431 (Schuh), and He, et al., v. Cal. Dept. of Trans. , et al., Civ.SB.2102100 (He). Plaintiffs seek leave to file a first amended complaint (three separate motions). For judicial economy and effciency, all three motions are set to be heard on April 6, 2023. All the above cases have all been filed by Plaintiffs' attorney Andrew M. Haskett, and a notice of related cases was filed in each achon on May 13,...
2023.04.04 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.04.04
Excerpt: ...subd. Judicial Notice With its Demurrer, Defendant Wells Fargo requests judicial notice of (a) Deed of Trust recorded on June 28, 2002 (associated with 1st Loan), (b) Assignment of Trust Deed recorded on June 28, 2002, (c) Deed of Trust recorded on November 21, 2007 (associated with HELOC Loan), (d) Trustee's Deed Upon Sale recorded on April 27, 2018, associated with HELOC Loan, (e) Grant Deed recorded on March 29, 2021, which transferred the Sub...
2023.03.30 Motion to Vacate Renewal of Judgment 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.30
Excerpt: ...ed alleged four causes of action: (1) open book account; (2) breach of contract; (3) reasonable value of goods sold and received; and (4) account stated. Powell allegedly owed $1,812.38. The proof of service indicates Powell was served through substitute service on his father, Reed Powell, on August 6, 2006 at 17945 Hercules Street in Hesperia. Powell failed to respond and on November 20, 2006, a default was entered against him. The default judgm...
2023.03.27 Motion to Compel Further Responses 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.27
Excerpt: .... A-B; Redfern Decl. at "15- 6, 13, Exhs. B-C & G.) Plaintiffs Espinosa moved to compel further responses to the RFPs. Defendant Honda opposed. Plaintiffs Espinosa replied. At the February 24, 2023, hearing, the Court held the motion was moot as to RFPs #19- 20, 22, 25-31, 37-38, 42-44, 52, 54, 57, 59, 61, and 63 in light of the supplemental responses that Plaintiff accepted. Remaining at issue were RFPs #18, 53, 55-56, 58, 60, 62, and 64. The Co...
2023.03.22 Motion to Compel Further Responses 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.22
Excerpt: ...AL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs responded, an...
2023.03.22 Motion for Protective Order 397
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.22
Excerpt: ...rt Model Order (the LASC Model Order), but Ford seeks additional modifications thereto. Plaintiff opposes the motion and Ford replies. Analysis Meet and confer. Defense attorney Yoseph Rixit (Rixit) declares Ford and Plaintiff's counsel have been discussing a protective order for this case and other similar cases for months, and specifically met and conferred telephonically on February 1, 2023. (Rixit Decl., 94.) The meet and confer requirement i...
2023.03.22 Motion for Prejudgment Possession 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.22
Excerpt: ...As alleged, Defendants hold the following interests in the property at issue: • Aaron Chang, Trustee of the Change Family Trust (Fee Owner); • Ruth Chang, Trustee of the Chang Family Trust (Owner); • Farmers and Merchants Trust Company (Trustee/Beneficiary); On March 9, 2022, SBCTA filed its Complaint in Eminent Domain. The subject property is a part of the construction of the West Valley Connector Project ("Project"), a zero-emission Bus R...
2023.03.21 Motion to Compel Further Responses 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.03.21
Excerpt: ...ROCEDURAL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs respon...
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...
2023.03.17 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 ...
2023.03.09 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...
2023.03.07 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 ...
2023.03.07 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...
2023.03.06 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...
2023.02.22 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...
2023.02.17 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 ...
2023.02.16 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...
2023.02.14 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 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...
2023.02.06 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...

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