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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...
2023.01.31 Motion for Good Faith Settlement Determination 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.31
Excerpt: ...endant Sedillo filed a supplemental declaration in support of the motion, testifying the only insurance policy he would have in place was the one with National General, policy number 2007805533, with a policy limit of $50,000 per person involved in an accident, with $100,000 per accident. (Sedillo Supp. Decl. at ¶2.) Defendant Chiaramonte was not employed by Sedillo on October 7, 2020, the date of the accident. (¶3.) Sedillo was not in the vehi...
2023.01.30 Motion for Judgment on the Pleadings 496
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.30
Excerpt: ...irected at the sufficiency of the allegations on the face of the complaint just like a demurrer. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [rules governing demurrers generally apply to motions for judgment on the pleadings]; Code of Civ. Proc. §430.10, subd. (e); Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [demurrer proper only when the facts alleged on the face of the complaint fail to state any valid claim].) Here...
2023.01.30 Demurrer, Motion to Strike 194
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.30
Excerpt: ...10, subd. (f), uncertainty. The moving party complied with the meet and confer requirements before the motion was filed. A demurrer challenges the sufficiency of a pleading by raising questions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) As such, the only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a...
2023.01.26 Motion to Compel Further Responses, to Compel Deposition 493
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.26
Excerpt: ...sition Attendance of GM's Person Most Qualified and Custodian of Records (PMG Motion). GM opposes both motions and Plaintiff has replied. The Motions currently are on the Court's January 26, 2023 law and motion calendar. At the outset, the Court is disappointed with counsel's lack of cooperation and effort in resolving their differences before seeking Court's intervention. Counsel for both sides are put on notice that the Court will issue monetar...
2023.01.26 Motion to Compel Arbitration 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.26
Excerpt: ...ation of the Song‐Beverly Act [against FCA]; and (5) negligent repair [against the Dealership]. FCA and the Dealership answered. The also each filed motions to compel arbitration. However, along with his opposition to FCA's motion, Plaintiff filed a request for dismissal of the Dealership. FCA replied to Plaintiff's opposition to its motion to compel arbitration. As the result of Plaintiff's dismissal of the Dealership, FCA is the only remainin...
2023.01.26 Motion for Summary Judgment, Adjudication 295
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.26
Excerpt: ...e following causes of action: (1) negligence; (2) wrongful death; and (3) premises liability. Plaintiffs allege on February 17, 2018, one of the Plaintiffs presented a 2002 Toyota Sequoia for service at Fairmont Tire & Rubber, Inc., and Fairmont represented that the vehicle had been fully and properly serviced and that the vehicle was safe to drive. (¶7.) On August 23, 2018, one of the Plaintiffs was operating the vehicle on the 15 Freeway near ...
2023.01.25 Motion to Compel Arbitration, Deposition of PMK 192
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.25
Excerpt: ...ent to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties to arbitrate if it determines an agreement to arbitrate exists, unless it d...
2023.01.25 Demurrer 995
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.25
Excerpt: ...g Defendants were personally served as Doe Defendants on October 16, 2022. (Exh. 1 to Skaf Decl.) The Demurrer would have been due 30 days thereafter, i.e., on November 15, 2022. (Code Civ. Proc., §430.30.) But Defendants obtained a 30‐day extension to file a response. (Campo Decl. at ¶¶4‐ 5, Exh. B.) That would extend the deadline to December 15, 2022. The Demurrer was filed the day before. And the fact Plaintiff misunderstood the 30‐da...
2023.01.23 Motion to Compel Arbitration and Joinder 092
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.23
Excerpt: ...ment Professionals, Landair Logistics, Inc., Covenant Transport, Inc., and Gustavo Bravo. Defendant Express moves to compel arbitration. Defendants Landair and Covenant join. Plaintiff Carrasco opposes. Defendant Express replies. DISCUSSIONS Statement of the Law Federal. The Federal Arbitration Act (“FAA”) [9 U.S.C. §1, et. seq.] authorizes enforcement of arbitration clauses unless grounds exist in law or equity for the revocation of any con...
2023.01.23 Motion for Leave to File Complaint 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.23
Excerpt: ...gainst the plaintiff. (Code Civ. Proc., §§426.10, subd. (c), 426.30, subd. (a).) A related cause of action means a cause of action that “arises out of the same transaction, occurrence, or series of transactions or occurrence” as the complaint. (Code Civ. Proc., §426.10, subd. (c).) Furthermore, a cause of action arises out of the “same transaction or occurrence” if the factual or legal issues are logically related. (Currie Medical Spec...
2023.01.13 Motion for Attorney Fees 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.13
Excerpt: ...restraining order (TRO). On June 3, 2022, the Court granted, in part, Respondent's anti‐SLAPP motion. On June 7, 2022, the Court ordered the TRO dissolved. On July 14, 2022, Respondent filed a motion for attorney fees as prevailing party on his anti‐SLAPP motion. Petitioner did not file an opposition. On August 29, 2022, the Court denied the motion without prejudice, as the original motion failed to include a declaration from counsel establis...
2023.01.10 Demurrer to FAC, Motion to Strike 598
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.10
Excerpt: ...iff's original complaint asserted causes of action for: (1) Motor Vehicle Negligence/Negligence Per Se, and (2) Gross Negligence and Recklessness. Defendant demurred and moved to strike the punitive damages allegations. At the hearing on August 17, 2022, the court sustained the demurrer with 45 days' leave to amend and the motion to strike was deemed moot. The Register of Actions is not showing the first amended complaint (FAC) to have been filed...
2023.01.05 Motion to Compel Further Responses 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.05
Excerpt: ...n response, Justin objected on relevancy and privacy grounds. Lewis then attempted to meet and confer, but after no resolution was reached it filed the pending motion to compel a further response to ROGS No. 2.8. The motion is supported by a declaration from Matthew J. Marnell; the discovery and discovery responses; a separate statement; and the meet and confer correspondence. In opposing the motion, Justin concedes that he had a prior conviction...
2023.01.05 Demurrer to SAC 993
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.01.05
Excerpt: ...at Cobian's mother and sister are only nominally referenced in the SAC; there is no indication that the contract was written and the breach occurred more than two years before suit was filed; the agreement violates the statute of frauds; and since no conversations between Garfias, Chavez, or Odaliz are alleged then there can be no fraud. The demurrer is supported by a declaration from attorney Gregory D. Angus. The demurrer is opposed by Garfias....
2022.12.16 Motion to Compel Physical and Mental Exams 196
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.12.16
Excerpt: ...scovery responses, Conston purportedly suffered a traumatic brain injury (TBI) with loss of consciousness; post‐concussion syndrome secondary to the TBI with memory loss, photophobia, and insomnia; multiple fractures to her face, nose, and jaw, which have necessitated extensive facial reconstructive surgery, bone grafting, and the need for her mouth to be wired shut; permanent blindness in her left eye, and loss of hearing in the left ear; and ...
2022.12.16 Motion for Prejudgment Possession 399
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.12.16
Excerpt: ...ied as Assessor's Parcel Numbers 1049‐101‐40; 1049‐131‐02; and 1049‐131‐ 03]. The subject property is a part of the construction of the West Valley Connector Project (“Project”), a zero‐emission Bus Rapid Transit system project. Phase 1 of the Project is 19 miles long and will add 3.5 miles of center‐running, dedicated bus‐only lanes. Phase 1 of the Project will add 21 stations which will provide improved transit connection ...
2022.12.15 Motion for Summary Judgment, Adjudication 534
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.12.15
Excerpt: ...of action must fail because Perez was terminated due to a legitimate and non‐discriminatory purpose as QAI suffered a financial slow down towards the second half of 2019. QAI further argues Perez's 4th and 5th causes of action fail because the evidence shows, and Perez admits, he was provided accommodations. Last, QAI argues Perez's 8th, 9th, and 10th causes of action must fail as QAI did not need “good cause” to terminate Perez and QAI pai...
2022.12.15 Motion for Prejudgment Possession 295
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.12.15
Excerpt: ...sessor's Parcel Numbers 1011‐141‐07]. As alleged, Defendants hold the following interests in the property at issue:  Grace Property Management, LLC (Fee Owner);  Del Monte Irrigation Company (Easement). The subject property is a part of the construction of the West Valley Connector Project (“Project”), a zero‐emission Bus Rapid Transit system project. Phase 1 of the Project is 19 miles long and will add 3.5 miles of center‐runni...
2022.11.07 Motion for Summary Judgment, Adjudication 788
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.11.07
Excerpt: ...from the person operating the business. The business name is a fiction, and so too is any implication that the business is a legal entity separate from its owner.” (Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348.) On March 3, 2018, default was entered against Leabo. On March 26, 2018, Preuss answered. On March 17, 2022, Plaintiff filed an amendment to its complaint to correct the name of Leabo to “SC Medical Products, In...
2022.11.07 Motion for Judgment on the Pleadings 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.11.07
Excerpt: ... On May 25, 2022, the Court granted, in part, Defendant's motion for judgment on the pleadings. The Court granted the motion as to Plaintiff's fifth through eighth causes of action but denied the motion to the extent it was brought on statute of limitations grounds, “without prejudice.” (Order, filed 5/26/22.) On September 6, 2022, notwithstanding the fact that no amended complaint has been filed, Defendant filed this second motion for judgme...
2022.11.04 Motion to Dismiss Petition to Appoint Neutral Arbitrator 191
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.11.04
Excerpt: ...as‐Bailey (“Petitioner” or “Bailey”) on April 21, 2022. The petition sought an order to appoint a neutral arbitrator pursuant to Code Civ. Proc., §1281.6, paragraph 1, on the following grounds: 1. February 2, 2019, Petitioner sustained injuries to her neck and back when the vehicle she was driving was stuck from the driver side by a vehicle driven by Mr. Robert Puckett (“Mr. Puckett”); 2. Metlife, insurance for Mr. Puckett, tendere...
2022.10.27 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.27
Excerpt: ...o Espinosa and Celia Espinosa filed this lemon law action against Defendant American Honda Motor Co., Inc. Plaintiffs' complaint, which relates to their purchase of a new 2021 Honda Insight, includes three causes of action: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiff...
2022.10.06 Application to Advance Status Hearing and to Set Hearing Date for Verified Petition for Writ of Mandate 596
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.06
Excerpt: ...s the following analysis and ruling on the merits. As a preliminary matter, Petitioner is correct that Code of Civil Procedure section 35 may apply to this litigation. The statute provides: “Proceedings in cases involving … the certification or denial of certification of ballot measures, election contests, and actions under Section 20010 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be gi...
2022.10.03 Motion for Payment of Rent 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.10.03
Excerpt: ...d Sur‐Reply to Defendants' Motion to Compel Payment of Rent. The Court also received an Objections of Defendant Cynthia Inez Lopez to Galgano's Notice of Joinder and Sur‐Reply. The Court sustains Ms. Lopez' objections and declines to consider the Sur‐Reply and Joinder as being untimely. II. DISCUSSION Defendant Cynthia Ines Lopez seeks an order requiring payment of rent. Plaintiffs oppose the motion, asserting it is an attempt to seek a man...

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