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2022.07.05 Motions to Compel Further Responses 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.07.05
Excerpt: ...ecl. ¶¶8‐14, Exs. I, J, K; Zappia Decl. ¶¶16‐ 18, Exs. 14‐19.) On March 10, 2022, Plaintiff's counsel sent defense counsel a meet and confer letter. (Della Santa Decl. ¶16, Ex. L; Zappia Decl. ¶3, Ex. 1.) On March 16, 2022, defense counsel sent a responsive meet and confer letter to Plaintiff's counsel. (Della Santa Decl. ¶18, Ex. N; Zappia Decl. ¶4, Ex. 2.) He did not receive a response. (Della Santa Decl. ¶19.) On March 30, 2022,...
2022.06.30 Demurrer to FAC 359
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.30
Excerpt: ...bdivisions (c) [authorizing notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States”] and (h) [authorizing notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy”]. Since Defendant is a government agency, judicial notic...
2022.06.29 Motion to Compel Deposition for Production of Docs 955
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.29
Excerpt: ...e to take place, in person or remotely, unless agreed to the parties.” This order had to do with BofA requesting that depositions occur remotely due to COVID‐ 19 and that they not be required to be in‐person. The ruling does not appear to have been intended to impose a discovery stay. On September 7, 2021, the Court denied Plaintiff's motion to lift the order. The trial readiness conference currently is set for September 15, 2022, and a jur...
2022.06.28 Motion to Set Aside Order Striking Answer 657
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.28
Excerpt: ...f action against defendants William Barahona (Barahona), Cinthy Veronica Arroyo (Arroyo), and CTR Import & Export Inc. (CTR) (Collectively, Defendants): (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Alter Ego; (4) Unjust Enrichment; and, (5) Conversion. In response to Plaintiff's Complaint, on July 30, 2021, Defendants filed an Answer. On October 19, 2021, Defendants' Counsel, Dariush G. Adli ‐ ADLI ...
2022.06.28 Motion for Leave to File Complaint 456
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.28
Excerpt: ... “Defendants”). The Complaint alleges twelve causes of action for: (1) Negligence‐Premises Liability‐ Dangerous Condition; (2) Negligence‐Premises Liability‐Failure to Secure Safe Access to Construction Area; (3) Peculiar Risk Doctrine; (4) Liability to Employees of Independent Contractors‐ Retained Control; (5) Negligent Inspection; (6) Negligent Training; (7) Negligent Supervision; (8) Negligent Operation of a Motor Vehicle; (9) N...
2022.06.27 Motion for Summary Adjudication 696
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.27
Excerpt: ...nty; (3) replevin; (4) conversion; (5) declaratory relief; and (6) common count. Plaintiff alleges Defendant owes it $323,640 as the result of Defendant's default on a promissory note. Plaintiff further alleges it has the right to possession of collateral under the terms of the agreement. On August 16, 2019, Defendant filed his operative, amended verified answer. Now at issue is Plaintiff's motion for summary adjudication (MSA) of its own first, ...
2022.06.15 Motion to Compel Arbitration 497
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.15
Excerpt: ...eged Ochoa separately subjected Plaintiffs to harassment based on their sex or gender, Defendant did nothing in response to their complaints, which ultimately resulted in their constructive termination. (¶¶ 9‐11.) Plaintiffs filed their Complaint August 4, 2021, asserting causes of action for: (1) Harassment (Hostile Work Environment) in Violation of FEHA Based on Sex; (2) Discrimination Based on Sex in Violation of FEHA; (3) Retaliation in V...
2022.06.15 Demurrer 198
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.15
Excerpt: ...ees or supervisors under Labor Code section 1102.5. Plaintiff's Eighth Cause of Action for Violation of Labor Code section 1102.5: Both sides provide persuasive arguments concerning legislative analysis concerning whether or not there is individual liability against employees or supervisors under Labor Code section 1102.5. Defendants concede that liability may lie against individual persons who retaliate on behalf of an employer—for example, at...
2022.06.14 Demurrer to FAC 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.14
Excerpt: ...amended complaint (FAC) alleges causes of action for (1) premises liability; (2) general negligence; and (3) negligence per se. Plaintiff alleges she was visiting a family member at the Del Mar apartments. While at the pool, she walked to the restroom and slipped on the wet and slippery concrete surface in the hallway between the restroom doors. Before falling, Plaintiff did not see or appreciate that the area was unusually slippery due to the im...
2022.06.13 Motion to Compel Discovery Responses 897
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.13
Excerpt: ...or Production of Documents (RFP). (Declaration of Thomas Dreblow, ¶ 4; Exhibit A to Dreblow Dec.) On October 4, 2021, Defendant served unverified responses that were also not code‐compliant. (Dreblow Dec., ¶ 5; Exhibit B to Dreblow Dec.) Defendant served its verifications October 26, 2021. (Dreblow Dec., ¶ 7; Exhibit D to Dreblow Dec.) On October 22, 2021, Plaintiffs sent their initial meet‐and‐confer letter, explaining why Defendant's r...
2022.06.13 Demurrer, Motion to Strike 998
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.13
Excerpt: ..., or that Defendant intended Plaintiff to rely on the representations. Plaintiff argues the cause of action is well pled. A fraudulent concealment claim requires a plaintiff to plead the following: (a) defendant concealed or suppressed a material fact; (b) defendant was under a duty to disclose the fact to the plaintiff; (c) defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (d) plaintiff was unawar...
2022.06.07 Motion for Summary Judgment 698
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.07
Excerpt: ...s liability arising from an accident that occurred at 5775 Riverside Drive in Chino on January 7, 2019. The complaint alleges the accident was caused by “uneven concrete.” Defendant supervised, maintained, owned, and controlled the premises. (Complaint, ¶¶4, 8, 9.) On March 13, 2022, Defendant filed the instant motion for summary judgment on grounds the defect was both (1) trivial; and (2) open and obvious. Plaintiff opposes and Defendant r...
2022.06.03 Special Motion to Strike 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.03
Excerpt: ...nduct against Borer and his wife, which includes defaming, threatening, and yelling at them. On April 28, 2022, the Court granted Borer's ex parte request for a temporary restraining order. Thereafter, Respondent Clarke moved ex parte to set on short notice a hearing on her Anti‐Slapp Motion. That ex parte was granted with the Anti‐Slapp Motion attached to the Ex Parte being deemed filed on May 20, 2022. Petitioner Borer opposes by way of see...
2022.06.02 Demurrer, Motion to Strike 958
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.06.02
Excerpt: ...on whereas between Capre and Cohen, the acts alleged arise out of an employer/employee relationship. To support a fiduciary duty, Capre needs to plead facts in support of a confidential relationship with Cohen.  SUSTAINS Cohen's special demurrer to the Cross‐Complaint for uncertainty, with leave to amend, for Capre to correct the property address.  DENIES the motion to strike. Allegations directed to duties owed Zee and the property selle...
2022.05.31 Demurrer to SAC 093
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.31
Excerpt: ... in November 2019 (the who, what, when, and how or where). Scott similarly represented via e‐mail just after the transaction was funded that she would reimburse defendants and defendants thereafter went forward with the rescission and incurred the unpaid fees and costs (again outlining the who, when, what, and how or where). These specific allegations, coupled with the elements of the claim as outlined in the pleading, are particularized and st...
2022.05.26 Motion for Judgment on the Pleadings 699
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.26
Excerpt: ...Regular Meeting Agenda and attachments; (2) City of Adelanto November 9, 2016 City Council Amended Regular Meeting Agenda and Attachments; (3) City of Adelanto Ordinance No. 557; and (4) City of Adelanto Ordinance No. 558. (These document are attached to counsel's concurrently filed declaration.) The two ordinances are subject to judicial notice either Evidence Code section 452, subdivision (b), which authorizes judicial notice of legislative ena...
2022.05.26 Demurrers, Motions to Strike 196
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.26
Excerpt: ...an filed a joint Opposition to the Demurrers and a joint Opposition to the Strike Motions. Defendants filed replies. Without any authorization or statutory authority, Plaintiffs filed a response to the replies which is inappropriate. The Court did not consider Plaintiffs' response to the replies. Having considered the parties' moving papers, the Court rules as follows: A. Defendant Kohler's Demurrer (1) SUSTAIN with 20‐days leave to amend Defen...
2022.05.23 Motion to Compel Further Responses 398
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.23
Excerpt: ...ident. With these limitations, the court grants the motion to compel regarding Special Interrogatory Nos. 10‐12, 13, 40‐41, and 44. The court overrules the objections and grants the motion to compel a further response to Special Interrogatory No. 14. The response that an interrogatory is not applicable is not a substantive response. Defendant shall provide further responses as set forth above within 10 days from the date of this order (May 23...
2022.05.18 Motion to Establish Admissions 491
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.18
Excerpt: ...dmitted motion”].) Here, that is precisely what Inland has done. Plaintiff Virginia Carillo contends the responses are not substantially code‐compliant, in part because Inland denied 13 of the 22 requests, and it admitted six requests, yet it did so elaborating on its admission or denial. However, this is not required under section 2033.220, which allows a party to either admit or deny a request, and there is no requirement that Inland explai...
2022.05.18 Motion for Protective Order to Limit Designation of Expert Witnesses 286
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.18
Excerpt: ...fficult to distinguish between what expert will testify as to what aspect of the vehicle. Thus, at the very least good cause had been shown for an order requiring GM to provide a bit more specificity as to the expert testimony. This would better flush out if there will be duplicative testimony and if some of the experts should be excluded all together. GM has since indicated it would limit its expert designation to one witness, Timothy Minich. Th...
2022.05.18 Demurrer, Motion to Strike 598
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.18
Excerpt: ...not complied with the claims presentation requirement of the California Tort Claims Act, and has failed to allege circumstances excusing compliance. Government Code section 910 provides a notice must be sent to the public entity, identifying the claimant, the nature and circumstances of the event giving rise to the claim, the nature of the indebtedness, damage or loss being claimed, and the name or names of the public employees who caused the dam...
2022.05.13 Motion to Compel PMK Deposition 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.13
Excerpt: ... Alegre (2009) 177 Cal.App.4th 1277, 1293‐1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124 [“Implicit in the requirement that counsel contact the deponent to inquire about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue”].) In addition, Defendant's objections were justified, and Plaintiff's position regarding the scope of ...
2022.05.09 Motion to Compel Further Responses 395
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.09
Excerpt: ...ral Motors, LLC to serve further responses to special interrogatories 5, 14, 23, 40, 42, 43, and 45. (3) GRANTS Plaintiff's motion to compel Defendant General Motors, LLC to serve further responses to RFPs 6, 54, and 63. (4) DENIES Plaintiff's motion as to RFPs 38‐41, 47‐50, 61, and 62. Analysis and Bases re Denial Plaintiff's motion appears problematic as it relates to RFPs 38‐41 and 47‐50. The moving party must establish “good cause�...
2022.05.05 Motion to Compel Deposition, Production of Docs 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.05
Excerpt: ...s argument ignores Code of Civil Procedure section 599, which provides that notwithstanding any other law, a trial continuance extends any deadlines that had not already passed as of March 19, 2020, unless the court expressly orders otherwise. That means, each trial continuance automatically continued the discovery cutoff dates to be governed by the new trial in that the Court here has not expressly ordered otherwise. Thus, the motions were timel...
2022.05.05 Demurrer to SAC 692
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2022.05.05
Excerpt: ...ities are not actionable. This argument does not support the demurrer. Exhaustion of Administrative Remedies – A demurrer is properly sustained based on failure to plead exhaustion of administrative remedies. (Tejon Real Estate, LLC v. City of Los Angeles (2014) 223 Cal.App.4th 149, 156.) Grand Terrace Municipal Code section 5.04.250 requires an administrative appeal to the city council of any decision of the collector made under Municipal Code...

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