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2024.06.12 Motion for Summary Judgment, Adjudication 108
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.06.12

Excerpt: ...(Aguilar v. Atlantic Richﬁeld Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) Summary judgment is proper where there is no triable issue as to any material fact and the movant is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The analysis requ ires the trial court to engage in three steps: First, we identify the issues framed by the pleadings since it is these allegations to which the motion must respond by establish...

2024.06.12 Demurrer 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.12

Excerpt: ...recorded, and Estrada continues to hold an undivided ½ interest. Two deeds of trust were recorded against the property the same day with an approximate balance of $320,000. The value of the property is est imated at $618,200. (FAC, ¶¶9-15.) Torres subsequently cross -complained against Estrada. The operative ﬁrst amended crosscomplaint (FACC) alleges causes of action for (1) quiet title; (2) breach of contract; (3) declaratory relief; (4) fr...

2024.06.11 Motion to Compel Further Responses 883
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.11

Excerpt: ...agoneer on Decem ber 22, 2021. It was covered by a written warranty. However, the Subject Vehicle had defects in its engine, HVAC, and electrical that FCA's authorized repair facilities were unable to repair (¶¶13 -14 & 16- 17). The plaintiffs ﬁled discovery motions in th e form of: Motion to Compel Further Responses to Special Interrogatories; Motion to Compel Further Responses to RFPs ; and Motion to Compel Compliance. After several meet -a...

2024.06.10 Motions to Quash Subpoenas 897
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.06.10

Excerpt: ...ing: “Any and all Writings, as that term is deﬁned in Evidence Code §250, or anything else that refers or relates to Faith Center Church's position on Covid19 vaccinations. This would include, but would not be limited to any drafts, notes, etc. that would be prepared in connection with Writings as described.” Notice to consumer. Plaintiff ﬁrst argues the subpoenas should be quashed because they were not served on Plaintiff before they we...

2024.06.07 Motion for Summary Judgment 894
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.06.07

Excerpt: ...eply. I. Plaintiffs' Late Opposition Based on the Friday, June 7th hearing date, Plaintiffs' deadline to ﬁle an opposition was Friday, May 24th —14 days prior to the hearing. (Code Civ. Proc., § 437c, subd. (b)(2).) Plaintiffs ﬁled their opposition on Tuesday, May 28th, which was four days late. Notably, however, the opposition was served by email and overnight courier on Saturday, May 25th, and Defendants ﬁled a timely reply on the meri...

2024.06.07 Demurrer 788
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.07

Excerpt: ...legs in the stirrups and Iromloo conducted a vaginal examination with a speculum . (¶¶ 15 -16.) After the vaginal examination was completed, Iromloo did not tell Plaintiff to remove her legs from the stirrups. Instead, he stated Plaintiff could use a lubricant to assist with vaginal dryness and without explanation or consent, Iromloo applied medical lubricant to two of his ﬁngers and began “showing” Plaintiff where to put the lubricant. I...

2024.06.06 Motions in Limine 092
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.06

Excerpt: ...the California Supreme Court in the Berroteran case, the court sets forth below a written decision of its reasoning and determination of said motions. This lawsuit involves allegations of exposure to benzene and other toxic solvents. According to the complaint, from 1993 to 2018, Plaintiff Christopher Torres (Christopher) worked for various branches of the federal government, where he was exposed to solvents and other chemical products (Complaint...

2024.06.06 Motion to Stay Proceeding 304
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.06.06

Excerpt: ...(3) and (8), 187.) The proponent of the stay must establish good cause. (GT, Inc. v. Superior Court (Santa Cruz Sentinel Publishes, Inc.) (1984) 151 Cal.App.3d 748, 754.) The U.S. Supreme Court has stated that the power to stay a proceeding is incidental to the power inherent in every court to control the disposition of the causes on its docket with an economy of time and effort for itself, counsel, and litigants. (Landis v. N. Am. Co. (1946) 299...

2024.06.06 Motion to Set Aside Default, Judgment 800
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.06.06

Excerpt: ...on of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Afford able is rightfully vexed by Nissan's failure to serve Affordable with its motion to set aside default. After all, it is Affordable which took Nissan's default and obtained th...

2024.06.06 Motion to Deem RFAs Admitted, Compel Responses 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.06

Excerpt: ... (RFA1), pr opounded on Cupa are admitted. - Special Interrogatories, Set One (SROG1); and Requests for Production, Set One (RFP1), all propounded on Cupa are due within 30 days. The Court would DENY, without prejudice, the motion to compel as related to the “Form I nterrogatories” as it is impermissibly vague.1 The Court would also GRANT sanctions in the amount of $1,500 ($500 per granted motion). The Court notes that the fact pattern and na...

2024.06.05 Motion for Preliminary Approval of Class Action Settlements 140
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.05

Excerpt: ...h 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of th e plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount of...

2024.06.05 Demurrer 546
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.05

Excerpt: ...rnardo Dia z and Request for Production of Documents. 3. The deposition shall take place at 10:00 am at Cornerstone Corporate Center 1902 Wright Place, 2nd Floor, Carlsbad, California 92008 within 30 days of service of this order. 4. Bernardo Diaz is ordered to pay m onetary sanctions of $1685.00 directly to Elder & Spencer LLP within 15 days of service of this order. 5. Movant to give Notice. TENTATIVE RULINGS FOR June 5, 2024 Department S24 - J...

2024.06.05 Motion to Compel Binding Arbitration 591
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.05

Excerpt: ...a ﬁled this present motion seeking to compel binding arbitration together with the declarations of Raymond Kim, Staff Business Resolution Partner at Tesla, Inc., and Ali Ameripour, Esq.; as well as a request for judic ial notice. 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 contract. (9 U.S.C. §2.) In situations gov...

2024.06.05 Motion to Compel Deposition 702
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.06.05

2024.06.04 Motion to Strike or Tax Costs
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.06.04

Excerpt: ...al matters, such as why the pleadings were necessary for the conduct of the litigation, evidence in the form of declarations made under penalty of perjury are needed. (County of Kern Page | 1 v. Ginn, supra, 146 Cal.App.3d at p. 1113 -1114.) Here, Mr. Rojas fails to present any evidence in support of the instant Motion and as such, has not properly objected to these costs. Accordingly, the court denies Mr. Rojas's request to tax $795 in ﬁling f...

2024.06.04 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.06.04

Excerpt: ...serted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of Page | 4 the court, newly discovered facts or circumstances in a change of law supporting the issues reasserted in the summary judgment mot ion.” According, Plaintiff argues that pursuant to Code of Civil Procedure section 1008, a party cannot ﬁle a motion for summary judgment based on issues that were already denied...

2024.06.04 Motion for Judgment Notwithstanding the Verdict 283
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.06.04

Excerpt: ...y the opposing party and now embodied in the jury's verdict. (See Hauter v. Zogarts (1975) 14 Cal.3d 104, 110.) It thus has the same function as a motion for nonsuit or directed verdict, the only difference being that the JNOV motion lies after a verdict for the opposing party has been rendered. (California Plaza Assocs. v. Paller & Goldstein (1996) 51 Cal.App.4th 1042, 1050.) For purposes of a JNOV motion, all evidence supporting the verdict is ...

2024.06.04 Demurrer 233
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.04

Excerpt: ...nal Distress (IIED). The Court would OVERRULE the special demurrer as to uncertainty. The District will ﬁle an answer within twenty (20) days. Case Summary At essence, this is a putative class action for invasion of privacy. In this matter, Plaintiffs seek to represent female students who attended Los Osos High School, located within Defendant School District (District), during the time period that Defendant Riden (Riden), who was a locker room...

2024.06.03 Motion to Strike FAC 607
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.06.03

Excerpt: ...0.) The mot ion can be used to strike out any irrelevant, false, or improper matters inserted in any pleading or may strike out all or any part of any pleading not drawn or ﬁled in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., §§ 435- 436.) “Irrelevant matter” includes a demand for judgment requesting relief not supported by the allegations or an allegation that is neither pertinent to n...

2024.06.03 Motion for Trial Setting Preference
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.06.03

Excerpt: ... the party's inte rest in the litigation.” (2 MB Practice Guide: CA Pretrial Civil Procedure 23.29 (2020) [citing Code Civ. Proc., § 36, subd. (a)].) “When the court ﬁnds that those Page | 1 conditions are met, it must give preference to the case. ” (2 MB Practice Guide: CA Pretrial Civil Procedure 23.29 (2020); Fox v. Superior Court (2018) 21 Cal.App.5th 529, 535 [no weighing of interests permitted].) “A declaration from the moving...

2024.06.03 Motion for Summary Judgment 177
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.03

Excerpt: ... again on the statute of limitations. Case Summary This action arises from injuries sustained in a race at Glen Helen Raceway and the allegation that Defendants failed to maintain insurance to cover such injuries. In essence, Plaintiffs allege that Defendant Glen Helen Raceway (GHR) leased the raceway from the County and was required to secure insurance for motor vehicle accidents. GHR then reached agreements with race promoters, including Plaint...

2024.06.03 Motion for Final Approval of Class Action Settlement 480
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.03

Excerpt: ...here fail to pro vide any information regarding the proposed increase. The Court will allow the parties to address this issue at hearing. Here, Plaintiff originally ﬁled a wage -and -hour class action against Defendant September 28, 2022. On July 15, 2022, he also sent written notice to the LWDA in furtherance of a representative claim for civil penalties pursuant to the Private Attorneys General Act (PAGA). Based on that notice, he ﬁled a Fi...

2024.06.03 Motion for Approval of PAGA Representative Action Settlement 761
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.03

Excerpt: ...eter future ones , and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must ﬁnd that the plaintiff 8 “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LW DA must be notiﬁed of the settlement and be given an opportunity to object. The Court may looks to parallel class action guidelines to determine what is “fair, adequ...

2024.06.03 Demurrer 884
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2024.06.03

Excerpt: ...uary 31, 2023, Plaintiff timely ﬁled its claim with the City of San Bernardino and San Bernardino County (the County). Both parties rejected Plaintiff's claim on May 26, 2023 and June 21, 2023, respectively, via US mail. Plaintiff commenced suit pursuant to Government Code Section 945.6. The County demurs to the ﬁrst, and sole, cause of action alleged against it, Dangerous Condition of Public Property, on the grounds of failure to state facts...

2024.05.30 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.30

Excerpt: ...oses of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) However, the Court does “not accept as true contentions, deductions, or conclusio ns of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) Under ...

2024.05.30 Motion for Approval of Class Action Settlement 782
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.30

Excerpt: ...ces act. He ﬁle d a separate case later to seek civil penalties pursuant to the Private Attorneys General Act (PAGA) (CIVSB2004634). Similarly, Plaintiff Ramos originally ﬁled her wage -and -hour class and PAGA representative action against Defendants on September 8, 2021 (CIVSB2125996). Pursuant to stipulation, Plaintiffs Hallum and Ramos ﬁled a First Amended Complaint (FAC), essentially consolidating their wage -and -hour class and PAGA r...

2024.05.30 Motion to Compel IME 850
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.30

Excerpt: ...least one phy sical examination, which is not disputed by the Plaintiffs. Plaintiffs just live in North Carolina and do not want to come to California for an IME. There appears to have been a sufficient meet and confer on this issue. In any case in which a plaintiff i s seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisﬁed: (1) The examination...

2024.05.29 Motion to Compel Further Responses 306
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.29

Excerpt: ... party waives the right to compel any further response. (Code Civ. Proc., §§ 2031.310, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45 -day time limit is mandatory and “jurisdictional” such that the Court has no authority to grant a late motion. (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410 [late -ﬁled motion to compel must be denied where objection raised at hearing even if ...

2024.05.29 Motion to Compel Further Responses 304
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.29

Excerpt: ...omplete; or the representation of inability to comply as inadequate, incomplete or evasion; or an objection to a document demand as without merit or too general can move to compel further responses. (Code of Civ. Proc., § 2031.310, subd. (a).) The moving party mu st set forth facts showing good cause justifying the discovery sought by the demand. (Code of Civ. Proc., § 2031.310, subd. (b)(1).) To establish "good cause" to compel further...

2024.05.29 Motion to Compel Arbitration 614
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.29

Excerpt: ...ould DENY as to the first cause. The Court would otherwise GRANT, compel arbitration, and dismiss in causes two through eight. Case Summary This is a wage-and-hour class action. Plaintiffs Bernal and Noel contend that they and other similarly situated non-exempt, hourly employees were subjected to various Labor Code violations during their employment with Defendant. (See FAC, "27-28.) As such, Plaintiffs initiallyfiled suit on August 15, 2023. On...

2024.05.28 Demurrer 171
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2024.05.28

Excerpt: ... and 3rd CO As; Request for judicial notice is DENIED. Discussion Second Amended Complaint is referred to as “SAC,” Cause of Action is referred to as “COA,” and Handbill Printers, Inc. as “Handbill Inc.,” Handbill Printers, L.P. as “Handbill LP” or collectively as “Ha ndbill.” Judicial Notice/Meet and Confer Defendants request judicial notice of the Notice of Entry of Order on the Demurrer to the First Amended Complaint (Exh. ...

2024.05.23 Motion to Compel Compliance with Deposition Subpoena 352
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.05.23

Excerpt: ...), the Actions have not been consolidated and the distinction is important for purposes of the instant motion. On March 29, 2024, Plaintiff Eloise ﬁled the instant motion to compel Vertina's deposition. Although Vertina is a named Plaintiff in the Relat ed Action, she remains technically a third party in This Action. Therefore, the motion seeks to enforce a deposition subpoena against Vertina as a third party. Vertina opposes and Eloise replies...

2024.05.22 Motion for Summary Judgment, Adjudication 794
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.05.22

Excerpt: ...ne 15, 2023, for (1) breach of contract and (2) common count based on a claim for money had and received. Arrowhead seeks $4,334.66 plus late charges, attorney's fees, and interest at the rate of 13.99 percent from February 15, 2023 until the d ate of judgment. The Motion for Summary Judgment/Adjudication Arrowhead now seeks summary judgment, or in the alternative summary adjudication, on the grounds that the claims have merit and Carrillo owes t...

2024.05.22 Demurrer, Motion to Strike 894
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.22

Excerpt: ...ts LLC (“Legend”), and Trisha Scott. Following a sustained demurrer, Plaintiff ﬁled the operative First Amended Complain t (FAC). The FAC alleges four causes of action: (1) strict liability against Trisha Scott; (2) premises liability against RTHA, DFT, Legend, and Scott; (3) negligence against RTHA, DFT, Legend, and Scott; and (4) breach of contract – third party beneﬁciar y against RTHA, DFT, and Legend. The FAC alleges that on or abo...

2024.05.22 Demurrer 525
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.22

Excerpt: ...inst Defendants. Through her FAC, Plaintiff alleges that she is a lawful tenant of real property located at 20920 Little Beaver Road in the City of Apple Valley, California. (FAC ¶ 1.) On or about September 21, 2022, Plaintiff and her partner were doing yard work on said property. (FAC ¶ 2.) As Plaintiff's partner worked on said property, a sink hole opened in the ground thereby causing Plaintiff's partner to fall in. (FAC ¶ 3.) Plaintiff ran ...

2024.05.21 Demurrer 116
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.21

Excerpt: ...stress and p unitive damages. Plaintiff alleges that on March 4, 2023, Defendant San Bernardino County dispatched a loader to clear snow from his street in Lake Arrowhead, CA, and during the process, the County plow driver entered his property without permission and drove onto his pedestrian bridge to dump 13 loads of snow directly on it. As a result, it cause the bridge to collapse. Plaintiff alleges the handling of the snow removal was negligen...

2024.05.21 Motion for Summary Judgment, Adjudication 291
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.21

Excerpt: ...ivera (hereinaft er “Rivera”) cannot establish they used any record of arrest or detention that did not result in conviction as a factor in determining any condition of employment; the wrongful termination claim is time -barred;1 and Rivera cannot establish an adverse emplo yment action in violation of public policy. 1The statute of limitations defense, while referenced in the notice of motion, is not actually argued in the opening brief in c...

2024.05.21 Motion to Stay Action 323
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.21

Excerpt: ...rits reconsideration due to a change in the law, i.e. “there has been a recent change in case law that has changed the landscape of PAGA litigation”. There is otherwise no contention that there has been a change in the facts or new facts underpinning the plaintiff's claims in the action that would require reinterpretation of the Arbitration Agreement. The defendant relies on the interpretation of several provisions of the Arbitration Agreemen...

2024.05.20 Motion to Set Aside Default Judgment 070
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.05.20

Excerpt: ...riffin, effected on October 5, 2023. Request to Enter Default was ﬁled and entered on July 18, 2023 against Adelanto. Adelanto's Motion to Set Aside Default Judgment was denied without prejudice on March 27, 2024. On April 8, 2024, Adelanto ﬁled the instant amended motion to set aside default. Plaintiff opposed. Adelanto replied. DISCUSSION I. Statement of the Law A motion to set aside may be brought pursuant to either Code of Civil Procedure...

2024.05.20 Motion for Relief from Deemed Admissions 696
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.20

Excerpt: ...equests be deemed admitted….” (Code of Civil Procedure, Page | 1 section 2033.280, subd. (b).) “The court shall make this order, unless it ﬁnds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed r esponse to the requests for admission that is in substantial compliance with Section 2033.220.” (Code of Civil Procedure, section 2033.280, subd. (c).) “The law gover...

2024.05.20 Motion for Protective Order 570
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.05.20

Excerpt: ...position, in which it noticed Aust's expert deposition on December 19th. The deposition notice included numerous document requests. (Kenney Decl. ¶3, Ex. B.) On December 14, 2023, Kyle Crossing served objections to the deposition notice, which includ ed an objection that Aust would not be available on the noticed deposition date. (Kenney Decl. ¶5, Ex. C.) On January 23, 2024, Ecosave served an amended notice for Aust's expert deposition. The da...

2024.05.20 Motion for Final Approval of Class Action Settlement 121
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.20

Excerpt: ...nal pay; (7) main tenance of required records; (8) accurate wage statements; as well as (9) violation of the unfair competition law and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs represents all Defendants' current and former non -exempt employees who worked in California from September 6, 2018 to December 31, 2023. (Settlement, ¶2].) The PAGA period wo...

2024.05.17 Motion to Disqualify Counsel 918
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.17

Excerpt: ...ditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and relevant Bylaws by failing to maintain and repair common areas; not maintaining proper ﬁnancial records; allowing Defe ndants Prine to make unilateral decisions concerning the development without proper meetings or voting; and permitting short term rentals in violation of the CC&Rs and City regulat...

2024.05.16 Motion for Preliminary Injunction 811
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.16

Excerpt: ...ansferring funds from any bank account used in connection with the dispensary, other than for goods and services from existing vendors. Defendant will provide monthly account statements to verify compliance. Case Summary This is a business dispute and breach of contract c ase. The parties are, in essence, partners in a cannabis dispensary business. The individual Defendant Mierau formed and is the principle for Defendant SB Pharma, which owns the...

2024.05.16 Motion for Final Approval of Class Action Settlement 190
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.16

Excerpt: ...VSB2219102). Now, in anticipation of settlement and pursuant to stipulation, Plaintiff ﬁles a First Amended Complaint (FAC) on Case No. CIVSB2214190, and now asserts (1) wage statement violations and (2) civil penalties pursuant to PAGA. In anticipation of mediation, the parties engaged in the exchange of data and documents sufficient to value the case. Plaintiff received a signiﬁcant documents and data relating to a 4 signiﬁcant portion of...

2024.05.15 Motion for Summary Judgment 991
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.15

Excerpt: ...al properties. CHEI was engaged with a third party to perform subcontractor services but was never paid for the work performed. CHEI subsequently engaged the services of TAA to collect on the debt. TAA indicated to CHEI that it would be able to obtain the monies owed by performing many tasks, including ﬁling a mechanic's lien and seeking enforcement of the lien. The Complaint alleges that the lien was ﬁled on December 1, 2021, but was never e...

2024.05.15 Demurrer, Motion to Strike 994
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.15

Excerpt: ...0.41, subd. (a), 435.5, subd. (a)(1) -(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred Page | 1 and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., §§ 430.41, subd. (a)(3), 435.5, subd. (a)(3).) Alexandria O. Pappas submitted a d...

2024.05.14 Motion for Stay 499
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14

Excerpt: ...hicle Code § 23153(A) -F – DUI Alcohol/Drugs Causing Bodily Injury; (2) Penal Code §12022.7(B)- E – Great Bodily Injury – Brain Damage or Paralysis; (3) Vehicle Code §23153(B) -F – DUI Page | 14 Alcohol/0.08 Percent or More Causing Bodily Injury; and (4) Penal Code §12022 .7(B)-E – Great Bodily Injury – Brain Damage or Paralysis. Mr. Little has also attached copies of written discovery served upon Smith. For every response, Mr. Li...

2024.05.14 Demurrer to FAC, Motion to Strike Punitive Damages 600
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.14

Excerpt: ...ranties, the manufacturer, General Motors LLC (hereinafter “GM”), was unable to make repairs within a reasonable number of attempts. GM also allegedly failed to make restitution or provide a replacement and had purportedly concealed the defects from Munoz. As a result, Munoz commenced suit against GM on November 2, 2022, for various violations of the Song -Beverly Consumer Warranty Act (the “Act”) and for fraudulent concealment. In respon...

2024.05.14 Motion for Summary Judgment 188
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.14

Excerpt: ...severe allerg y to cucumbers that Defendant knew about. Plaintiff unknowingly consumed the meal and suffered an anaphylactic reaction. Defendant has ﬁled the instant Motion for Summary Judgment (Motion), along with a declaration from Marc J. Meth, M.D. (Dr. Meth) and Defendant's counsel, Michael D. Reid. The Motion is further supported by a Separate Statement of Undisputed Material Facts and Defendant's Separately Bound Document Evidence with E...

2024.05.14 Motion to Compel Compliance for Production of Docs 647
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.05.14

Excerpt: ...y at 6.) Pag e | 1 Under Code of Civil Procedure section 1005, subdivision (b), all papers opposing a motion shall be ﬁled with the Court and a copy served on each party at least nine court days before the hearing on the motion. Given that the hearing on this motion is scheduled for May 14, Defendant was required to ﬁle and serve its opposition by May, but Defendant did not serve its opposition until May 3 and did not ﬁle its opposition unt...

2024.05.13 Motion to Compel Responses 075
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.13

Excerpt: ...s the vehi cle developed defects. Although it was taken for repairs, it was not repaired in a reasonable or conformed to its warranty. It alleges Defendant failed to provide a replacement or restitution. Plaintiff, therefore, ﬁled suit on February 14, 2023, alleging breach of express warranty under the Song -Beverly Consumer Warranty Act, as well as negligent repair. Relevant here, Plaintiff propounded her ﬁrst set of discovery requests, incl...

2024.05.13 Motion for Preliminary Approval of Class Action Settlement 812
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.13

Excerpt: ...68 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I- V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s trength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, ...

2024.05.13 Demurrer 971
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2024.05.13

Excerpt: ...just enrichmen t as a cause of action). Movant Defendant to provide Order(s) and Notice. Discussion Defendant – VMS International moves the court pursuant to CCP § 430.10 to sustain its unopposed Demurrer on the grounds of wrong party, failure to state sufficient facts t o constitute a cause of action and uncertain pleadings as to all 5 causes of action (COA). Since the Demurrer is unopposed, the court reviewed and based it rulings on the movi...

2024.05.10 Motion to Void Judgment 212
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.10

Excerpt: ...ainst Defend ant Copeland (movant) and others relating to his request to recover funds following a ﬁre on this property. Notably, Defendant Copeland was hired to assist with the insurance claim following the ﬁre. On July 9, 2004, the court entered a signiﬁcant ﬁnancial judgment in favor of Plaintiff and against Defendant Copeland. (Plaintiff's Exh. 4.) In the 20 years since the judgment, there have been various attempts by Defendant Copel...

2024.05.10 Motion to Compel Further Responses 572
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.10

Excerpt: ... with Defendant's re -entry initiative and working with parolees. He alleges, there, he witnessed the center manager engage in inappropriate sexual behavior with one of the parolees. He further asserts that he objected to the behavior. He was terminated on November 10 , 2022, for an alleged violation of HIPAA. On March 22, 2023, Plaintiff ﬁled her complaint against Defendant alleging (1) wrongful termination; (2) hostile work environment; (3) f...

2024.05.08 Motion to Dismiss 977
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.08

Excerpt: ... a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; 3 (6) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) c ancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. On May 23, 2022, Plaintiff...

2024.05.08 Motion for Summary Judgment 506
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.08

Excerpt: ...3.) “On a motion for summary judgment, the issues are framed by the pleadings since it is those allegations to which the motion must respond.” (Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640- 41.) The analysis required of the trial court consists of three steps: (1) identify the issues framed by the pleadings, (2) determine whether the moving party's showing has established fact that negate the opponent's claim and justify a judgment in mov...

2024.05.08 Demurrer 118
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.08

Excerpt: ... (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 -1569.) Thus, the Court takes note that the documents exist. As Requests 6 & 7, however, the Court also takes note of the rulings set forth therein. As to the Demurrer: The Court would OVERRULE. Case Summary This is, e ssentially, a fraud cause of action predicated on Plaintiff's status as a judgment creditor from another case. Plaintiff allege they are creditors of Defendants by virtue of a civ...

2024.05.06 Demurrer to FAC 404
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.06

Excerpt: ...hereinafter “Hou se”) and Gustavo Moreno (hereinafter collectively “Defendants”). On November 29, 2023, the Court sustained House's demurrer to the original form complaint on statute of limitations grounds with 10 days leave to amend after Plaintiff failed to ﬁle or prese nt an opposition. (Minute Order dated November 29, 2023.) Plaintiff untimely ﬁled his ﬁrst amended complaint (hereinafter “FAC”) December 14, 20231. 1Ten days ...

2024.05.03 Demurrer 427
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.03

Excerpt: .... Plaintiff asked the Defendants, his sister and her husband, to be on the title to the property. However, Plaintiff paid the down payment and all carrying costs such as the mortgage payments, insurance, prop erty taxes, utilities, home improvements and maintenance. Plaintiff rented the property to various tenants and alleges that Defendants never lived on the property or otherwise contributed to the property – other than being on title. On Jan...

2024.05.02 Motion to Deem RFAs Admitted 177
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.02

Excerpt: ...that all the discovery – and the motions – were served by email. However, movant fails to indicate in any declaration that Defendant consented to service by email. (See Rules of Court, rule 2.251(b).) The Court will inquire at hearing regarding agreement to such servi ce. Presuming proper service, the Court would (1) deem the Requests for Admission, Set One (RFA1) as admitted; and (2) compel responses to Requests for Production, Set One (RFP1...

2024.05.01 Motion to Compel Arbitration and Stay Action 488
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.05.01

Excerpt: ...to engage in the interactive process, (4) retaliation under FEHA, (5) retaliation under the Labor Code, and (6) wrongful termination in violation of public policy. The complaint indicates Reyes was jointly employed by Defendants from October 6, 2020 to November 25, 2020. Only 11 days after her employment began, Reyes was injured at work when she fell while cleaning a ﬂoor. Reyes returned to work, but had future therapy appointments scheduled in...

2024.05.01 Motion to Compel Deposition 078
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.05.01

Excerpt: ...oduce a PMQ fo r those categories. Case Summary This is a lemon law case. The Complaint alleges that in September of 2022, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects rela ted to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs ﬁled suit December 6, 2022, alleging (1) violation of Civil ...

2024.05.01 Motion to Strike or Tax Costs 106
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.05.01

Excerpt: ...sts Service of process Witness Fees $435.00 $1,556.54 $25,977.70 $845.40 $71,154.75 Models, enlargements, and photocopies of exhibits $30,744.29 13 16 Interpreter fees Other (trial prep, trial transcripts, etc.) $6,200.00 $93,781.22 1 The Cou nty of San Bernardino (hereinafter “County”) moves to tax Items 5, 12,1 13, and 16 on the ground that they are either not recoverable, not reasonable in amount, or were not reasonably necessary to the co...

2024.04.30 Motion for Summary Judgment, Adjudication 045
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.30

Excerpt: ...nt (hereinafter “SAC”) added Defendant Chevron U.S.A., Inc. dba Chevron Products Company (hereinafter “Chevron USA”).1 The SAC alleges 9 causes of action: (1) Disability discrimination against Chevron and Chevron USA; (2) Disability harassment against all; (3) Failure to accommodate against Chevron and Chevron USA; (4) Failure to interact against Chevron and Chevron USA; (5) Retaliation (FEHA) against Chevron and Chevron USA; (6) Failure ...

2024.04.29 Motion for Summary Judgment, Adjudication 188
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.29

Excerpt: ...was defaulted. The Complaint alleges on February 4, 2005, Escareno executed a Note taking a loan from New Century. The Note was secured by a Trust Deed recorded against Escareno's property at 344 Baker Privad o, Ontario on February 16, 2005. Thereafter, New Century transferred the Note and Trust Deed to RRA Trust. However, it failed to record an Assignment of the Trust Deed (¶¶5 -8, Exhs. 1 -2). Plaintiff RRA Trust moves for summary judgment/ad...

2024.04.29 Motion for Final Approval of Class Action Settlement 551
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.29

Excerpt: ...our class action agai nst Defendants in Orange County Superior Court (No. 30 -2023- 01316157), alleging fairly parallel claims. On March 31, 2023, Plaintiff Santana ﬁled her notice with the LWDA for a PAGA claim, and she ﬁled a First Amended Complaint in Orange County Superior Court on June 14, 2023, to add that claim for civil penalties under PAGA. Then, on May 19, 2023, Plaintiff Moreno ﬁled a second complaint in San Bernardino County Sup...

2024.04.26 Motion for Summary Judgment, Adjudication 754
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26

Excerpt: ...ed. An affidav it that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would b e admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second ha...

2024.04.26 Motion for Summary Judgment 148
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.26

Excerpt: ...here are no triable issues of fact as to Plaintiffs' ﬁrst, second, third and fourth causes o f acti on. First Cause of Action for Adult Abuse and Negl ect Page | 1 The elemen ts of a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the Act) are: (1) defendant had a substantial caretaking or custodial relationship with plaintiff/decedent, involving ongoing responsibility for plaintiff's basic needs, which an able -...

2024.04.25 Motion for Summary Judgment 105
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.25

Excerpt: ... overnight delivery, the required 75 -day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code Civ. Proc., §437c, (a)(2)(3)). There are two defects that prevent the Motion for Summary Judgment (hereinafter “MSJ”) from being adjudicated on its merits. First, e -service was done 75 days plus 2 court days before th...

2024.04.25 Motion for Preliminary Injunction 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.25

Excerpt: ... Case Summary This case is, essentially, for trade secret misappropriation and intentional interference with economic relations. In short, Plaintiff is an insurance agency. The individual Defendants were workers at the agency. In September of 2022, the then sole owner o f Plaintiff passed away, leaving the business to his heirs. It was during this transfer of ownership that the current owners learned that the individual Defendants had formed thei...

2024.04.25 Motion for Approval of PAGA Settlement 302
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.25

Excerpt: ..., deter future on es, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must ﬁnd that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LW DA must be notiﬁed of the settlement and be given an opportunity to object. The Court may looks to parallel class action guidelines to determine what is “fair, adeq...

2024.04.25 Demurrer to SAC 847
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.25

Excerpt: ...of the California Code of Civil Procedure. A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. ( Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibi...

2024.04.24 Demurrer to SAC 306
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.24

Excerpt: ... Jeannette Fuent es. Plaintiff contends that his brother, Richard Tafoya (hereinafter “Richard”), agreed to secure housing for his daughter Tammy Tafoya (hereinafter “Tammy”). Under the agreement, Richard promised to place title to the Apple Valley property in his name a nd in return Plaintiff would pay all the mortgage payments, taxes, HOA and maintenance fees, and insurance premiums. The intent was for Richard to take the legal title, P...

2024.04.24 Motion to Compel Responses 708
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24

Excerpt: ...acturer. Plai ntiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warran t y, and Plaintiffs ﬁled suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also alleges v...

2024.04.24 Motion to Compel Deposition 558
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24

Excerpt: ...nuary 2021. During the course of the relationship, in or around May of 2018, Plaintiff negotiated and purchased the subject property and put her name solely on the title. However, Defendant claims an ownership interest in the property based at least in part on a Right of First Refusal to Purchase” he ﬁled in July of 2021. Plaintiff initially ﬁled this action on October 15, 2021 to quite the title. On December 3, 2021, Defendant ﬁled a Cro...

2024.04.24 Motion to Compel Psych Examination 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.24

Excerpt: ...o take break s as needed. Case Summary This is a personal injury case. Plaintiff asserts that a traffic accident on September 11, 2021, was caused when Defendant Liu fell asleep while driving. Plaintiff, a construction worker working on foot, was struck in the ensuing accident. Plaintiff ﬁled suit on June 29, 2022, alleging (1) motor vehicle; and (2) general negligence. Notably, Plaintiff claims orthopedic and brain injury, with cognitive and b...

2024.04.23 Motion to Disqualify Counsel 918
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23

Excerpt: ... this is a br each of ﬁduciary duty case. Plaintiffs own one unit of a triplex that is subject to the Covenants, Conditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and rel evant Bylaws by failing to maintain and repair common areas; not maintaining proper ﬁnancial records; allowing Defendants Prine to make unilateral decisions concerning the devel...

2024.04.23 Motion to Compel Responses 708
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23

Excerpt: ...uto Manufacturer. Plaintiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs ﬁled suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also all...

2024.04.23 Motion to Compel Further Responses 078
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.23

Excerpt: ...2, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects related to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs ﬁ led suit December 6, 2022, alleging (1) violation of Civil Code, section 1793.2(d); (2) violation of Civil Code, section 1793.2(b); (3) violation of Civil Code, section 1793.2(a)(...

2024.04.22 Motion for Leave to File Complaint in Intervention 900
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.22

Excerpt: ...le 8.) Tent ative rulings for each law & motion will be posted on the internet (https://www.sb -court.org) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the Judicial Assistant. You may appear in person at the hearing but personal appearance is not required. (See www.sbcourt.org/general...

2024.04.18 Special Motion to Strike, Demurrer, for Sanctions 603
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.18

Excerpt: ...D On October 30, 2020, InvestorsAlly, Inc. ﬁled a breach of contract action against Defendants Marvin Lindholm and Marina Resort, Inc. (“Marina Resort”) (CIVSB2025501). Plaintiff successfully moved for an order compelling arbitration. On December 2, 2022, Arbitrator L inda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied Plaintiff's claims and awarded $116,967.54 in attorney fees and costs to Defendants...

2024.04.18 Motion to Compel Further Responses 068
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.18

Excerpt: ...Plaintiff is a contractor and alleges that, on or about October 2, 2020, it entered into a written agreement to perform repairs on a property for Defendant. There were subsequent additions and modiﬁcations to the contract. Plaintiff alleges that it ﬁnished all necess ary work and met all its obligations under the contract, but remains unpaid on a large portion of the agreed -upon amount. As such, it ﬁled a mechanic's lien on July 20, 2022, ...

2024.04.18 Motion to Compel Arbitration 515
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.18

Excerpt: ... Court would DENY, without prejudice. Case Summary This is an individual and representative1 wage -and -hour case. In essence, Plaintiff alleges that, as an employee of Defendant, she and other employees were shorted wages; did not received proper meal -and -rest periods; were not properly reimbursed for cell phone usage; were not properly paid overtime; and were not paid for work during non- work time. She asserts that after she made complaints,...

2024.04.18 Motion for Summary Judgment, Adjudication 302
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.18

Excerpt: ...ario Lalama and Noemi Lalama (hereinafter “The Lalmas”) ﬁled their original Complaint against defendants, Emmanuel Jonathan Sanchez, City of Fontana, and A&A Auto Sales alleging causes of action for negligence and dangerous condition of public property. Subsequently , The Lalmas ﬁled several amendments to the Complaint naming: (a) Ahmad Salamah as “Doe 1”; (b) Roy L. Tyra as “Doe 2”; (c) The Tyra Family Trust as “Doe 3”; (d) L...

2024.04.17 Motion to Compel Deposition of PMK 639
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.17

Excerpt: ... Judge Carl os M. Cabrera This court follows California Rules of Court, rule 3.1308(a) (1) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb -court.o rg) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtai...

2024.04.17 Motion for Summary Judgment, Adjudication 154
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.17

Excerpt: ...d. An affidavi t that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would be admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second hand...

2024.04.16 Demurrer 707
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.16

Excerpt: ...ess of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966 -967.) However, the Court does “not accept as true co ntentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California ...

2024.04.15 Motion to Compel Arbitration and Stay Proceedings 006
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.15

Excerpt: ...t”) which represented tha t the vehicle had not been in any accidents and had no existing mechanical issues. Moss answered on December 20, 2022. Defendant FCA US, LLC answered on February 1, 2023. At the Trial Setting Conference on February 21, 2023, the parties, upon no objectio n, were ordered to mediation, to be completed by January 23, 2025. Both sides have engaged in the discovery process. Plaintiff ﬁled four Motions to Compel Further Re...

2024.04.15 Motion for Summary Judgment, Adjudication 017
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.15

Excerpt: ...or ﬁle a new memorandum of costs in compliance with rule 3.1700 of the Rules of Court. Case Summary This is limited collections matter. Plaintiff ﬁled a judicial council form complaint on July 25, 2023, alleging causes for (1) breach of contract (written); (2) breach of contract (implied in fact); (3) -(4) common counts (money lent, paid and expended for defendant); and (5) -(6) common counts (open book & account stated). The complaint seeks ...

2024.04.15 Demurrer 777
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.15

Excerpt: ... to amend. Case S ummary This is a breach of contract, business dispute. The Plaintiff is the trustee of his father's trust and brings the suit in that capacity. His father is deceased but is alleged to have been a medical practitioner who owned a clinic. He alleges that, a fter his father passed on July 5, 2021, he acted in his capacity as trustee to try and sell the clinic to Defendant Best Health. Defendants Correa and Gutierrez were ostensibl...

2024.04.11 Motion for Summary Adjudication 587
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.11

Excerpt: ..., 2021, Plaintiff checked himself in to Defendant's facility located at 239 West 9th Street, Upland California 91786 (the Facility). At the time he checked in, Plaintiff had an undiagnosed perforated ulcer, which rapidly became worse during his residency at the Facility. Plaintiff's condition became so painful and incapacitating that he was unable to provide for his own basic needs, including seeking medical care. Despite numerous pleas for help ...

2024.04.11 Motion for Alternative Service 849
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.04.11

Excerpt: ...tract with Defendant in which Plaintiff agreed to provide storage and maintenance service for Defendant's aircraft —a Boeing 737 -300. Pursuant to the contract, Plaintiff has performed maintenance and stored the aircraft (and is still storing it in San Bernardino). Although Defendant has incurred charges of $124,498.07 for the maintenance and storage fees, it has only paid Plaintiff $4,403.31. That single payment was made on September 13, 2021....

2024.04.11 Demurrer, Motion to Strike
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.11

Excerpt: ...sues must be admitted or denied, and any remaining questions could easily be answered or given more explanation under the discovery process. Thus, this pleading is not subject to a special demurrer. First (Negligence – Premises Liability/Failure to Warn – Negligen ce Per Se) and Second Causes of Action (Nuisance) In attacking the nuisance cause of action, Defendant argues (1) it is duplicative of the negligence cause of action and (2) nuisanc...

2024.04.10 Motion to Compel Arbitration 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.10

Excerpt: ... she was ini tially disciplined for not reporting the accident and injury. She eventually took time off and then came back with medical restrictions. She asserts that she was sent home and told she would not be allowed to return until she was free from all restrictions . On April 12, 2022, Plaintiff asserts she presented a doctor's note, lifting the restrictions, but that Defendants would not accept it since it was not authored by her treating ph...

2024.04.09 Motion to Dismiss 402
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.04.09

Excerpt: ...ovides in pertinent pa rt, Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions ﬁled on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of ﬁve years and six m onths. This rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council. This sunset does not nullify the effect of the extension of ...

2024.04.09 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.04.09

Excerpt: ...objection #1 but SUSTAIN objection #2 (Lab. Code, §6304.5). Plaintiffs Navarro object to (1) Way's Declaration, entirely, because states in support of Opposition to RND's MSJ, (2) Dunn's Deposition at 13:7 -28, 14:2 -7, 15:13- 24, 16:26- 17:4, & 23:3- 5 Page | 5 becaus e not cited in the Separate Statement, and (3) Dunn's Deposition at 13:7 -28 because irrelevant: OVERRULE. Analysis Initially, Plaintiff Muro argues the Separate Statement is defe...

2024.04.09 Motion for Attorney Fees 076
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.04.09

Excerpt: ...lighting, an d mechanical systems. Despite being covered by express and implied warranties, the vehicle's manufacturer (Defendant) was unable to ﬁx the vehicle, despite a reasonable number of attempts. Defendant also allegedly failed to replace the vehicle or make res titution. As a result, Plaintiff ﬁled the instant suit against Defendant on May 2, 2022, for (1) violation of Section 1793.2 of the Song Beverly Consumer Warranty Act (Act), whi...

2024.04.09 Demurrers 192
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.04.09

Excerpt: ...0 days leave to amend. Alami then ﬁled the operative ﬁrst amended complaint (“FAC”) consisting of a form complaint with attachments on October 3, 2023 alleging the same causes of action. Plaintiff alleges that on or about July 14, 2022, an oral contract with “subsequent written conﬁrmation and/or text message agreement” was made between defendants Adebola, Toyin, and Prado. (FAC. p. 3, ¶ PC -1; Attachment BC -1, ¶ 1.) Plaintiff al...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

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