Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

200 Results

Clear Search Parameters x
Location: San Bernardino x
Judge: Keh, Winston 33 x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 675)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 744)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,25
Array
(
)
2022.09.27 Demurrer 393
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.27
Excerpt: ...ies. This argument has no merits. To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. [Citation.] A defendant does not owe a legal duty to protect against third party conduct, unless there exists a special relationship between the defendant and the plaintiff. [Citation.] In that circumstance, “[i]n addition t...
2022.09.22 Motion for Summary Judgment 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.22
Excerpt: ...On December 11, 2020, Defendant answered. Now at issue is Defendant's motion for summary judgment (MSJ) of Plaintiff's complaint. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION A. Summary Judgment – Statement of Law Summary judgment motions enable a court to determine the opposing party's pleadings lack evidentiary support and to limit or terminate the action accordingly: “The purpose of the law of summary...
2022.09.22 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.22
Excerpt: ...ach 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 Plaintiffs' punitive damages claims. Plaintiffs filed an opposition to each motion. Defendant filed a reply to each opposition. II. DISCUSSION A. Demurrer 1. Statement of the Law – Demurrer A demurrer is a pleading used to test the legal ...
2022.09.20 Motion to Set Aside Dismissal 091
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.20
Excerpt: ...remise liability. Defendant AMC Cinema answered. The Complaint alleges on April 19, 2019, Gibson was a patron at the movie theater owned, leased, managed, or supervised by AMC Cinema. Around 6:20 p.m., he slipped and fell on a slippery substance near the soda machines (¶¶7, 9‐10). On July 28, 2021, the Court held a further trial setting conference. No party appeared so it set an OSC re dismissal for August 27, 2021. (Papanikolas Decl. ¶6, Ex...
2022.09.15 Motion to Compel Further Responses 093
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.15
Excerpt: ... at ¶5; Brault Decl. at ¶¶4‐5, Exhs. 2‐3.)[1] Finding the objections lacking merit, Defendant 4X McCall filed motions to compel further responses to Special Interrogatories #1‐3, 5‐16, and 18‐ 22, and RFPs #1‐34.[2] Plaintiff Scott opposes each. Defendant 4X McCall replied. Analysis The Court DENIES Defendant 4X McCall's Motions as untimely. The statutory 45‐day deadline is mandatory and jurisdictional in the sense that the court...
2022.09.15 Motion for Preliminary Injunction 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.15
Excerpt: ... quo that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust opposed. Plaintiffs Cannextract and Nguyen replied. The Court heard the preliminary injunction on September 1, 2022. It was denied but Plaintiffs were allowed to refile with corrections. On September 1, 2022, Plaintiffs Cannextract and Nguyen re‐filed an identical Preliminary Injunction Motion. Defendants T...
2022.09.14 Motion to Compel Further Responses, to Compel Compliance 492
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.14
Excerpt: ...alderon Cruz, who at the time was working for defendant Hylkema Roofing. Based on the damages sustained, Norene and her husband, Brian, commenced suit on February 10, 2021 for negligence, negligent infliction of emotional distress, and, as to Brian, loss of consortium. Now, through the pending motion, the Seeleys seek to compel further responses to requests for production of documents (RPD's) and compel the actual production of responsive documen...
2022.09.08 Motion for Summary Judgment, Adjudication 197
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.08
Excerpt: ... product liabilitymanufacturer defect, (3) product liability‐design defect, and (4) product liability‐inadequate warning. Defendant PAG answered. The Complaint alleges on April 13, 2016, Williams purchased a 2008 BMW 750L1. The Subject Vehicle was equipped with a Comfort Access and Soft Close Automatic option for the latches of its doors. This option was designed and manufactured to assist in closing the doors through sensors and an electric ...
2022.09.06 Demurrer to FAC 197
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.06
Excerpt: ...property involved, as opposed to others who may be interested or benefited by the litigation. (Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566.) Where the plaintiff's lack of standing appears on the face of the complaint it can be raised by a general demurrer for failure to state facts sufficient to constitute a cause of action. (Sacramento Cnty. Fire Prot. Dist. v. Sacramento Cnty. Assessment Appeals Bd. (1999) 75 Cal.App.4th 32...
2022.09.01 Motion for Preliminary Injunction 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.01
Excerpt: ... that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust oppose. Plaintiffs Cannextract and Nguyen reply. DISCUSSIONS Statement of the Law Code of Civil Procedure section 527, subdivision (a) allows for the issuance of preliminary injunctions at any time before judgment upon a verified complaint or upon affidavits that show satisfactorily that sufficient ground exists....
2022.09.01 Motion for Determination of Good Faith Settlement 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.09.01
Excerpt: ...ed for $338,553 and Optimal settled for $331,244.51 for a total of $669,797.51 from the parties which did the actual drilling. National did not recommend the Phase II studies, it was recommended by an entity named Fulcrum. As National did not perform Phase II studies, it informed Golden Bank it would find a company to perform the work. National contacted George Johnson of Athanor which accepted the work, and then subcontracted the work to Optimal...
2022.08.30 Motion for Fees and Costs 696
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.30
Excerpt: ... operative First Amended Complaint (FAC) pled 2 causes of action: (1) negligence by Hernandez and (2) loss of consortium by Lopez. Defendants JBS and Lennar answered. Judgment in Lennar's favor was entered on May 20, 2022. That judgment is on appeal. The FAC alleged on August 20, 2018, Hernandez, an employee of R.C. Wendt Painting (“RCW”), was on the 3rd tier of a scaffolding painting trim and fascia of a home when the scaffolding became unst...
2022.08.30 Motion to Strike or Tax Costs 696
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.30
Excerpt: ...ses. Plaintiffs Hernandez and Lopez reply. DISCUSSIONS Except as otherwise stated, a prevailing party[1] is entitled, as a matter of right, to recover costs in any action or proceeding. (Code Civ. Proc., §1032, subd. (b).) Procedurally, Rules of Court, rule 3.1700(a)(1) allows for a prevailing party to recover costs by filing and serving a memorandum of costs within 15 days after the date of service of the notice of entry of judgment. As costs a...
2022.08.24 Motion for Summary Judgment, Adjudication 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.24
Excerpt: ... Salvador Cortez and Esther Cortez: (1) Negligence; and, (2) Premises Liability. Plaintiff alleges that Defendants owned, maintained, controlled, possessed, repaired, inspected, operated, designed, built, managed, and cleaned certain property materials located at 221 N 3rd Avenue, Barstow, California 92311, which were involved in the incident hereinafter described. (Complaint ¶ 7.) It is further alleged that on or about March 1, 2019, at the afo...
2022.08.23 Motion to Set Aside Default, Judgment 794
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.23
Excerpt: ...nc. dba CA Construction (Plaintiff) entered into a written Home Improvement Contract with Defendant Juanita Linton, individually, and as trustee under the Juanita A Linton Trust dated October 22, 2020 (Defendants), for real property located in Rialto. (¶¶ 11‐12.) The agreed‐upon contract price was $303,052.00, which was later revised to $300,902.81, as the parties agreed to change orders. (¶¶ 12‐13, 17.) At the conclusion of the project...
2022.08.09 Motion for Writ of Possession 891
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.09
Excerpt: ...ent of its value, (4) a statement of the property's location, and (5) a statement that the property has not been taken for a tax, assessment, or fine under a statute, or seized. (Code Civ. Proc., §512.010, subd. (b)(1)‐(5).) In addition, the applicant must demonstrate the “probable validity” of the claim and post a bond. (Co‐de Civ. Proc., §§ 512.040 (b) and 515.010.) RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3 states:...
2022.08.08 Motion to Compel Completion of Deposition 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.08
Excerpt: ... to Plaintiff, he has twice attempted to depose McGinley regarding several documents that are relevant to this litigation and whether McGinley had signed them. (Ibid.) Plaintiff's counsel attests that on both occasions, the documents were hand‐delivered to McGinley's counsel's office before the depositions. (Id. at ¶¶ 4, 5.) However, Plaintiff contends that McGinley's counsel failed to share the documents with McGinley before the depositions,...
2022.08.08 Motion for Protective Order 192
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.08
Excerpt: ...Special Interrogatories (requesting, inter alia, identification of all facts, persons with knowledge, and supporting documentation for each allegation in the operative pleading); (2) Form Interrogatories; (3) 86 Requests for Production (in native format with accompanying metadata); and, (4) 5 Requests for Admission. (See Declaration of Thomas M. Fedeli (Decl. Fedeli), Exhibit 1.) On November 19, 2021, Ridderbush served the following discovery dem...
2022.08.04 Motion for Prejudgment Possession 293
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.04
Excerpt: ... the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession … [by] demonstrating that the plaintiff is entitled to take the property by eminent domain and has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article.” (Code Civ. Proc., § 1255.410, subd. (a).) More specifically, Code of Civil Procedure section 1255.010 states th...
2022.08.02 Motion for Protective Order 191
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.02
Excerpt: ..., a responding party to propounded interrogatories (form or special), and document demands may move for a protective order. (Code of Civ. Proc., §§2030.090, subd. (a), 2031.060, subd. (a)). Any motion for a protective order must be accompanied by a meet and confer declaration. (Code of Civ. Proc., §§2017.020, subd. (a), 2030.090, subd. (a), 2031.060, subd. (a)). “The court, for good cause shown, may make any order that justice requires to p...
2022.08.01 Motion to Transfer Venue 093
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.01
Excerpt: ...C. Under the terms of the lease, Samuel's was required to pay monthly rent in the amount of $5,140. On May 11, 2022, Rancho Plaza served Samuel's with a 3‐ day notice to pay rent or quit. At the time, the amount of rent due was $44,852.00. Rancho Plaza seeks to recover possession of the premises, past due rent of $44,852.00, fair rental of $171.33 per day since June 1, 2022, attorney fees, and forfeiture of the lease agreement. (See Coml.) Samu...
2022.08.01 Demurrer, Motion to Strike 493
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.08.01
Excerpt: ... portions of the Complaint and Whitson opposes. Polymer80 has filed the required declaration of counsel showing compliance with the meet and confer requirements under Code of Civil Procedure sections 430.41 and 435.5 before filing its demurrer and motion to strike. II. ANALYSIS Polymer80's General Demurrer Protection of Lawful Commerce in Arms Act “PLCAA” First, Polymer80 argues PLCAA immunity. Defendant argues that the immunity bars this act...
2022.07.13 Demurrer, Motion to Expunge Lis Pendens
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.07.13
Excerpt: ...first, third, fourth, fifth, and sixth causes of action on the ground that they are time‐barred. (See Dem. ¶¶4, 5, 12, 14, 16, and 21.) a) Plaintiff's First Cause of Action for Breach of Contract “The elements of a breach of oral contract claim are the same as those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, ...
2022.07.13 Application for Writ of Possession 891
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.07.13
Excerpt: ... statement of its value, (4) a statement of the property's location, and (5) a statement that the property has not been taken for a tax, assessment, or fine under a statute, or seized. (Code Civ. Proc., §512.010, subd. (b)(1)‐(5).) In addition, the applicant must demonstrate the “probable validity” of the claim and post a bond. (Code Civ. Proc., §§ 512.040 (b) and 515.010.) RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3 sta...
2022.07.11 Motion for Judgment on the Pleadings 194
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.07.11
Excerpt: ...�FAC”) states a notice of Default was filed on March 7, 2018 (FAC, ¶31, Ex. 8), whereby Plaintiffs allege they were first made aware of the alleged fraud. (FAC, ¶¶ 64, 84.) Since this action is based on fraud, the statute is three years from discovery. (Code Civ. Proc., §338, subd. (d).) It does not appear definitively from the first amended complaint that the action was not timely commenced. Therefore, the motion for judgment on the pleadi...

200 Results

Per page

Pages