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2023.08.03 Demurrer, Motion to Strike 157
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.08.03
Excerpt: ...atively from the dates alleged; it is not enough that the complaint might be barred. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Fraud is subject to a three-year limitation period. (Code Civ. Proc., 5338, subd. (d); E-Fab, Inc. v. Accountants, Inc. services (2007) 153 cal.App.4th 1308, 1316-17 ["E-Fab"l.) It does not accrue until the aggrieved party discovers the facts that constitute the fraud or mistake. (Code of Civ...
2023.08.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 246
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...amed as a Defendant in paragraph 1 of the Third Amended Class and Representative Action Complaint, it has not made a general appearance. The court presently has no personal jurisdiction over KTI. To approve the settlement (on a preliminary or final basis) with respect to KTI, KTI must make a general appearance and pay its initial filing fees. If KTI makes a general appearance before or at the hearing, the court can rule on the motion. Alternative...
2023.08.02 Demurrer, Motion to Strike 756
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.08.02
Excerpt: ...neficiaries of the Trust. (First Amended Complaint ["FAC"], "11-3.) In April 2002, Betty Joyce Rosine ("Betty"), a widow, purchased property at 3866 Yucca Mesa Road in Yucaipa Valley ("the Property"). Betty financed part of the purchase with a loan issued by Mountain West Financial and executed a $45,000 Deed of Trust ("DOT") naming First American Title Insurance as Trustee. Mountain West then assigned the DOT to Washington Mutual Bank. (FAC, "1 ...
2023.08.02 Motion to Strike 146
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.02
Excerpt: ...efendants intend to strike Plaintiff's entire cause of action for punitive damages/exemplary damages. Defendants are not required to c:ite specific language in the Complaint. Defendants' motion complies with the California Rules of Court. In this action, Plaintiff's allegations in support of her punitive damages claim is inadequate. Absent any aggravating factors such as allegations of a prior history of substance abuse, prior arrests for driving...
2023.08.02 Motion for Summary Judgment, Adjudication 147
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.08.02
Excerpt: ...d or contributed to Decedent's death (i.e. the fall was not the cause of her death based on reasonable medical probability). And the fall did not cause any lasting harm, as there was no evidence of any wounds or acute bleeding from the CT scan taken the day of the fall. Plaintiffs Hernandez's dispute is based on their contention and reading of Decedent's medical files. But their reading and beliefs of what the medical records indicate are not suf...
2023.08.02 Motion to Quash Deposition Subpoena 633
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...to quash the subpoena. Initially, plaintiff argues that Hungrypanda, as a defendant in default, has no standing to bring this moton. aut plaintiff served the subpoena on Hungrypanda as a non-party. Hungrypanda has the same rights to challenge the subpoena as would any non-party. Hungrypanda raises two procedural challenges to the subpoena. First, Hungrypanda argues that plaintiff failed to provide notice to consumers pursuant to Code of Civil Pro...
2023.08.01 Motion to Set Aside Voluntary Dismissal 187
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.08.01
Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...
2023.08.01 Motion for Final Approval of Class Action and PAGA Settlement 526
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ullar v. Foot Locker Retail, Inc. (2008) 168 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 strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class ach...
2023.08.01 Demurrer, Motion to Strike 918
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ers" under Labor Code section 1194, and cannot be held personally liable on that basis for an employee's unpaid wages. (Martinez v. Combs (2010) 49 Cal.4th 35, 66; Reynold v. Bement (2005) 36 Cal.4th 1075, 1087-88, overruled on other grounds in Martinez v. Combs, supra, 49 Cal.4th at pp. 62-64.)5 Nevertheless, Labor Code section 558.1, subdivisions (a)-(b), provides that an owner, director, officer, or managing agent of an employer who violates o...
2023.07.31 Motion to Compel Discovery 750
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.31
Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...
2023.07.31 Motion for Summary Adjudication 647
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.31
Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...
2023.07.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 705
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.31
Excerpt: ...egate number of pay-periods worked if that information is available at this time. Preliminary Approval of Class Action Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) T...
2023.07.31 Motion for Leave to File Complaint 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.31
Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...
2023.07.27 Demurrer 048
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.27
Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...
2023.07.27 Motion for Final Approval of Class Action and PAGA Settlement 749
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.27
Excerpt: ...hers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...
2023.07.27 Demurrer, Motion to Strike 248
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.27
Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...
2023.07.27 Motion to Enforce Compliance with Settlement Agreement 738
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.27
Excerpt: ...ia at any time from December 16, 2016, through August 29, 2022, who did not sign an individual settlement and release. After issuance of settlement checks, approximately a dozen individuals contacted plaintiff's counsel indicating that they fell within the definition of the certified class, but had received no notice of the settlement and did not receive any funds from the distribution. Plaintiff moves for an order compelling defendant to comply ...
2023.07.26 Motion for Preliminary Approval of Class Action Settlement 328
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.26
Excerpt: ...eles (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and t...
2023.07.26 Motion for Preliminary Approval of Class Action and PAGA Settlement 538
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.26
Excerpt: ...d 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discov...
2023.07.26 Demurrer
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.26
Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...
2023.07.25 Motion to Compel Arbitration 090
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.25
Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...
2023.07.25 Motion to Approve PAGA Settlement 973
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.25
Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...
2023.07.25 Motion for Final Approval of Class Action Settlement 100
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.25
Excerpt: ...nalysis in the motion for final approval. 3 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.05 per page. 5 (8) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs would represent a class of all current and former nonexempt employees employed ...
2023.07.24 Motion for Final Approval of Class Action Settlement 260
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.24
Excerpt: ... (5) meal period violations; (6) reimbursements; (7) wage statement violations; (8) waiting time penalties; (9) penalties per Labor Code section 558; (10) untimely wages; (11) restitution; and (12) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California at any point from September 7, 2016 through October...
2023.07.24 Motion for Final Approval of Class Action of PAGA Settlement 856
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.24
Excerpt: ...eed 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the exten...
2023.07.21 Motion for Final Approval of Class Action Settlement 018
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.21
Excerpt: ...tail, Inc. (2008) 168 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 strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial...
2023.07.20 Motions for Class Certification 416
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.20
Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...
2023.07.20 Demurrer to TAC 675
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.20
Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...
2023.07.20 Motion to Quash Deposition Subpoenas 296
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.20
Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...
2023.07.20 Motion for Final Approval of Class Action and PAGA Settlement 694
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.20
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...
2023.07.19 Motion to Enforce Deposition Subpoena, for Sanctions 793
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.19
Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...
2023.07.19 Demurrer to FAC 245
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.19
Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...
2023.07.19 Demurrer 791
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.19
Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...
2023.07.19 Demurrer 036
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.19
Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...
2023.07.19 Motion to Strike Punitive Damages 453
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.07.19
Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...
2023.07.18 Demurrer 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.18
Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...
2023.07.18 Motion for Final Approval of Class Action and PAGA Settlement 879
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.18
Excerpt: ...s 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed ...
2023.07.18 Motion for Terminating Sanctions 389
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.18
Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...
2023.07.18 Motion to Compel Arbitration and Dismiss or Stay Proceedings 531
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.18
Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...
2023.07.18 Motion to Compel Further Responses 077
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.18
Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...
2023.07.17 Motion for Summary Judgment 205
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.17
Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...
2023.07.17 Motion for Preliminary Approval of Class Action Settlements 165
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.17
Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comp...
2023.07.17 Motion for Final Approval of Class Action and PAGA Settlement 523
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.17
Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the sta...
2023.07.17 Demurrer 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.17
Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...
2023.07.17 Demurrer 470
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.17
Excerpt: ...sonable number of attempts. Ford also allegedly failed to repurchase the vehicle or make restitution. As a result, Rubio commenced suit against Ford on December 23, 2022, for breach of express warranties under the Song-Beverly Consumer Warranty Act (the Act) and violation of section 1793.2 of the Act, which requires the repairs to be commenced and completed within, respectively, a reasonable time and 30 days. (See Compl. at 15-39.) Also named as ...
2023.07.17 Motion to Quash Service of Summons 530
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.17
Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...
2023.07.14 Motion for Preliminary Approval of Class Action Settlement 799
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.14
Excerpt: ...(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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the st...
2023.07.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 619
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.14
Excerpt: ...os 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed...
2023.07.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 053
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.14
Excerpt: ...ited 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...
2023.07.14 Motion for Final Approval of Class Action Settlement 569
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.14
Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed an...
2023.07.13 Motion for Final Approval of Class Action Settlement 821
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.13
Excerpt: ... Amended Complaint (FAC) was filed on August 26, 2022, to consolidate the matters. The FAC sets forth claims for (1) overtime wage violations; (2) meal period violations; (3) rest period violations; (4) failure to pay wages; (5) final pay violations; (6) wage timeliness violations; (7) wage statement violations; (8) failure to keep required records; (9) reimbursement violations; (10) sick leave and vacaton pay violations; (11) reporting tme pay v...
2023.07.13 Motion to Compel Further Responses 004
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.13
Excerpt: ..., 39, 47, 51, 52, 53, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89 and 90. Page | 2 Legal Authority for Motions to Compel Further Responses to RFP#I: If a party to who document production requests and interrogatories are directed, responds with objections or incomplete answers, the propounding party's remedy is to serve a motion to compel further answers within 45 days after the responses were served. (Code Civ. Proc., S 2030.300, subds...
2023.07.13 Motion for Preliminary Approval of Class Action and PAGA Settlement 337
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.13
Excerpt: ...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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent o...
2023.07.13 Motion to Compel Further Production of Docs 157
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.07.13
Excerpt: ...s. 5-6; Yaraghchian Decl. at 992, 4.) Plaintiffs move to compel further responses to RFPs #1, 7, 17, 23-25, 36-42, 50-53, 58-59, 68, 76, 78-79, 86, and 91-96. Defendant GM opposes. Plaintiffs reply. Timeliness/ meet and confer It is unclear whether the motion is timely as there is no information as to whether the verified responses served on April 19, 2023 was via email or mail. Depending on the of service the deadline would be June 6, 2023 (emai...
2023.07.12 Motion to Set Aside Default 206
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.12
Excerpt: ...requires the mistake, inadvertence, or surprise to be reasonable. 1 Mistake of fact is proper when the defendant was mistaken as to some fact material to the defendant's duty to respond. (See e.g. Lieberman v. Aetna Ins. Co. (1967) 249 Cal. App. 2d 515, 523-24). Mistake of law requires the Court to determine (a) the reasonableness of the misconception and (b) the justifiability of the defendant's failure to determine the correct law. (City of Ont...
2023.07.12 Motion to Compel Arbitration 423
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.12
Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...
2023.07.12 Motion for Preliminary Approval of Class Action and PAGA Settlement 313
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.12
Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...
2023.07.12 Motion for Final Approval of Class Action Settlement 218
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.12
Excerpt: ...ad 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of...
2023.07.12 Motion for Evidentiary, Issue, and Terminating Sanctions or to Compel Physical Exam 657
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.07.12
Excerpt: ...sues the past. Thus, imposing such an ultimate sanction is inappropriate at this time. Moreover, Plaintiff has shown some willingness to cooperate as she participated in the examination up until physical contact was required. In addition, arguably, Dr. Forage was the cause of the stalled first examination given his refusal to allow Ayers to be present without a seemingly valid reason. CCP S 2032.510 permits the examinee's attorney or the attorney...
2023.07.12 Motion for Approval of PAGA Settlement 403
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.12
Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...
2023.07.11 Demurrer, Motion to Strike 449
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.11
Excerpt: ... attempts despite the existence of express and implied warranties. Honda also purportedly failed to make restitution or replace the vehicle. Finally, Honda was also purportedly aware of the defects in advance of the lease and actively concealed the information. Based on these facts, the initial complaint contained claims for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under...
2023.07.10 Motion for Approval of PAGA Settlement 679
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.10
Excerpt: ...l's exposure analysis. Attorney Fees: Plaintiff seeks $110,000.00 for attorney fees, which is 40% of the gross. The requested fee is excessive given the nature of the claims, the extent of litigation, and the amount of the settlement. The court will award one-third of the gross, or $91,666.67. While counsel's lodestar analysis notes fees in excess of this amount, the hourly rates applied are too high. Costs: Plaintiff seeks reimbursement of $12,9...
2023.07.10 Demurrer, Motion to Strike 630
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.10
Excerpt: ...emurrer, without leave to amend, as to the First Cause for Intentional Infliction of Emotional Distress (IIED) and the Second Cause for Invasion of Privao„•, against the District. The Court would OVERRULE as to the Third through Fifth Causes. As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike as to paragraphs 26 and 39-41, relating to IIED and Invasion of Privacy, are rendered MOOT. Th...
2023.07.10 Motion for Summary Judgment 557
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.07.10
Excerpt: ...ction: (1) breach of contract; and (2) common counts: open book account, account stated, money had and received by defendant, for gtnds, wares, and merchandise sold and delivered for which defendant promised to pay, money lent by plaintiff to defendant and for money paid, laid out, and expended at Hanson's request. On May 23, 2022, Hanson filed an answer generally denying the allegations and asserting ten affirmative defenses. On April 27, 2023, ...
2023.07.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 083
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.10
Excerpt: ...ount: $11,356.00 Counsel must conÞrm the esŸmated number of class members. The moŸon at p. 1:8 says 26; the moŸon at p. 2:9 says 36. If the number is 26, the esŸmated average receipt by class members is $436.77; if it is 36, the esŸmated average is $315.44. There are an esŸmated 1,365 work-weeks during the class period, so each class member will receive an esŸmated $8.32 for each week worked during the class period. The LWDA will r...
2023.07.10 Motion for Summary Adjudication 082
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.10
Excerpt: ...nt Code. Regarding the MSA: The Court would GRANT summary adjudication as to the duty to defend against underlying complaint. The potential viability of the underlying claims invokes the duty to defend. (See Buss v. Superior Court (1997) 16 Cal.4th 35, 44.) Further, Crum failed to meet its responsive burden to show that the claim cannot fall within policy coverage. (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 300.) Case Summar...
2023.07.07 Motion for Leave to File Amended Complaint 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.07
Excerpt: ...e first cause of acton by Crabtree and Sharma was one for negligence against Optimal, Athanor, National, and Golden Bank for negligence based on the allegations that defendants' negligence caused the leak. As a result, allowing co-plaintiffs Cedar and Alrahaman to assert their own negligence claim would not cause prejudice, nor would it really expand the scope of the litigation. The only additional issue that will be litigated as a result of the ...
2023.07.06 Demurrer 578
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.06
Excerpt: ...Case Summary This is an auto-acc:ident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angele...
2023.07.06 Motion for Final Approval of Class Action, Collective Action, and PAGA Settlement 118
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.06
Excerpt: ...ere were two opt-outs from a group of 1,636 potential class members for the California and Washington classes, for 1,634 class members. There were no objections to the settlement. The potential number of participants for the collective action totals 5,498. As of the date the administrator's declaration was signed, there were 761 consents to join the collective action. If the of participants in the FLSA settlement has increased from 761, counsel m...
2023.07.06 Demurrer 750
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.07.06
Excerpt: ...ies on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Demurrer: The issue in this case is whether the civil department within the San Bernardino County Superior Court may hear the claims asserted by Willey-Nelson or if they are matters of internal trust affairs that exclusively belong to the probate department. Either a trustee or trust beneficiary m...
2023.07.06 Motion for Final Approval of Class Action Settlement 747
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.06
Excerpt: ...osts ($19,322.80), administration fee ($7,000.00), incentive award ($7,500.00), and PAGA penalties ($20,000.00). The deductions are all reasonable and appropriate. These deductions result in a net class settlement of $279,510.53. There are 122 class members.3 Therefore, the average receipt for the class portion of the settlement is $2,291.06. There are 27,357 work-weeks in all, so each class member will receive $10.22 for each week worked during ...
2023.07.06 Demurrer 697
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.06
Excerpt: ...s 10 causes of acton: (1) Declaratory relief by Arsen; (2) Accounting by both; (3) Financial elder abuse by Arsen; (4) Breach of duty of loyalty by AV Auto; (5) Breach of fiduciary duty by both; (6) Conversion by both; (7) Concealment by both; (8) Intentional misrepresentation by both; (9) Intentional inference with contract by AV Auto; and (10) Violation of the Unfair Competition Law (UCL) by AV Auto. The FAC alleges Arsen created and began oper...
2023.07.06 Motion for Preliminary Approval of Class Action Settlements 262
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.06
Excerpt: ...th 116, 126; Reed v. United Teachers 6 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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offere...
2023.07.06 Motion for Protective Order 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.06
Excerpt: ...and conferred multiple times in wr-ting and via telephone in April and May 2023. The parties were unable to resolve their dispute regarding PMK topics 3, 4, and 14. After amended deposition notces were served containing the same disputed topics, the LL defendants filed the pending motion for protective order. Through the motion the LL defendants seek an order prohibiting questions on topics 3 and 4 and relieving them from designating a witness as...
2023.07.06 Motion to Compel Answers to Deposition Questions 901
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.07.06
Excerpt: ...ons were already answered, there is no need to compel further answers. The Court denies the motion as to these questions. Question 48. Question 48 asks: "On what basis did you instruct pur attorney to issue three-day notices to tenants?" Smith objects under the Fifth Amendment privilege against self- incriminaton and attorney client privilege. Page | 2 A client has a privilege to refuse to disclose a confidential communication between client and ...
2023.07.06 Motion to Compel Arbitration 994
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.06
Excerpt: ...ffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolonged stand...
2023.07.06 Motion to Compel Further Deposition Answers 456
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.06
Excerpt: ...2023 deposition. Plaintiff Flores opposes. Defendants reply. Objections After the Reply was filed, Plaintiff objected inserton of new evidence in Jaidi's Reply Declaration at "2-3. The evidence is rebuttal evidence and therefore the objections are overruled. Procedural Deficiencies In his Opposition, Plaintiff raises deficiencies in the motion in that the deposition transcript was not lodged. Exhibit B to Carroll's declaration, however, contains ...
2023.07.06 Motion to Dismiss 178
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.06
Excerpt: ...star Mortgage LLC dba Champion Mortgage on January 24, 2017, approximately six and one-half years ago. On October 31, 2017, Plaintiff filed for a defaultjudgment (the "First Default"). However, Defendant moved to set aside the default, which the prior Court granted on September 22, 2021. Importantly, that First Default was set aside because Plaintiff did not properly serve Defendant. Another default was entered on March 4, 2022, and was based 3 o...
2023.07.05 Motion to Compel Arbitration 503
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.05
Excerpt: ...an entity called Caltek Communications, Inc., whereas the sole defendant and moving party Caltek Technologies, Inc. While there are many circumstances where a non-party can enforce an arbitration agreement, defendant fails to address the issue in its Reply brief. Absent a showing that Caltek Technologies has standing to enforce the agreement, the motion must be denied. Counsel should be prepared to address this issue at the hearing. If defendant ...
2023.07.05 Motion to Compel Arbitration 382
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.07.05
Excerpt: ...ty; and (5) breach of warranty of fitness for a particular purpose. Defendant answered. Now at issue is Defendant's motion to compel arbitration. Statement of Law — Motion to Compel Arbitration: Code of Civil Procedure sectons 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities...
2023.07.05 Motion for Trial Preference 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.05
Excerpt: ...ege they were traveling on West 4th Street and North East Street in San Bernardino when a truck owned by defendant WEL Companies, Inc. (WEL, esa Tilens Truck Leasing, LLC) and operated by defendant Ronald E. Harvey (Harvey) ran a red light and struck their vehicle. Fourdyce was the passenger in Winslow-Williams' vehicle. WEL and Harvey answered. No trial date is currently set. On June 6, 2023, Plaintiffs filed this motion for trial preference und...
2023.07.03 Motion to Stay Proceedings Pending Contractual Mediation, Arbitration 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.07.03
Excerpt: ....5. Thus, the Court would GRANT the motion to stay the matter is stayed pending completion of mediation and, if necessary, arbitration. The issue of attorneys' fees is not currently before the Court. Case Summary This is a foreclosure on a mechanic's lien. In the original Complaint, Plaintiff — a licensed building contractor — alleged it provided construction and related activities for a building remodel within on property owned by Defendant....
2023.07.03 Motion to Set Aside Order 199
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.03
Excerpt: ...ove up hearing, which was continued multiple times. Notably, Defendant appeared at the October 27, 2020 OSC hearing. Because Plaintiff's counsel failed to appear at that hearing, the Court set an OSC re dismissal hearing for December 9, 2020. (See Minutes 10/27/20.) On November 17, 2020, Plaintiff filed a motion for order appointing partition referee. On December 9, 2020, both parties appeared for the OSC hearing and requested a contnuance. The m...
2023.07.03 Motion to File Supplemental Complaint or FAC 565
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.07.03
Excerpt: ...y, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (c) upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. Unlike an amen...
2023.07.03 Motion for Final Approval of Class Action Settlement 018
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.03
Excerpt: ...fair, adequate and reasonable" for the class. (Kullar v. Foot ü)cker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) There were no objections to the class settlement and no opt-outs. The gross settlement amount is $1,000,000.00. The proposed deductions from the gross are for attorney fees ($333,333.33), costs ($19,723.23), administration fee ($8,890.00), three incentive awards o...
2023.06.30 Motion for Appointment of Discovery Referee, to Compel Inspection of Land 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.06.30
Excerpt: ... confer in the next five (5) days on a mutually agreeable three-day period for Defense experts to conduct the survey or inspection of Plaintiffs' property. The survey or inspection shall occur within thirty (30) days of this ruling. The Court would impose sanctions against Plaintiffs, payable within thirty (30) days, in the amount of $1,800. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) neg...
2023.06.30 Motion to Compel Further Responses, to Deem RFAs Admitted 397
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.30
Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...
2023.06.29 Motion to Strike 793
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.06.29
Excerpt: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...
2023.06.29 Motion to Strike 347
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.29
Excerpt: ...mployer's usual course of business. (b) A client employer shall share with a labor contractor all civil legal responsibil-ty and civil liability for all workers supplied by that labor contractor for the follow-ng: (1) The payment of wages. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker's representative shall notify the client empoyer of violations under ...
2023.06.29 Motion to Quash 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.06.29
Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...
2023.06.29 Motion to Compel Deposition of PMQ 718
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.06.29
Excerpt: ...st qualified (PMQ) with production of documents. Defendant opposes. Plaintiff replies and filed evidentiary objections to the declaration of defense counsel Darshnik Meet Singh Brar. The Court notes that the motion is incorrectly noticed under Code of Civil Procedure sections 2025.450, subdivision (a), which allows a party who served a valid deposition notice, without having served a valid objection, to move for an order to compel the deposition ...
2023.06.29 Motion Re Declassification, Production of Privilege Log, Production of Docs 926
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.29
Excerpt: ...appropriately. If unprofessional rancor continues, the court will address the issue further and will take appropriate action. The court anticipates not having to do so. Plaintiffs' argument that it was appropriate to designate the entirety of the search results as "highly confidential" before accessing and reviewing the documents is unreasonable. Some of them may be highly confidential, but that can be determined only after counsel has had an opp...
2023.06.29 Motion for Reconsideration 977
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.06.29
Excerpt: ...1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. Relevant here...
2023.06.29 Motion for Final Approval of Class Action Settlement 532
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.06.29
Excerpt: ...emnify expenditures; (9) violation of the unfair competition law; and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non-exempt employees who worked for Defendant in California during the class period. The parties thereafter engaged in extensive voluntary exchange of information, with Plaintiff's counsel performing a detailed payroll data analysis, in order to value the case and meaning...
2023.06.28 Motion to Set Aside Default, Judgment 250
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.06.28
Excerpt: ...s. This Court may exercise its "'inherent authority to fashion procedures and remedies as necessary to protect litigants' rights and the fairness of trial.'" (Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1009, quoting Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 763.) The levy resulted from the writ of execution, which was the result of this Court's grant of a default judgment—a default judgment whi...
2023.06.28 Motion for Terminating, Evidentiary, and Monetary Sanctions 248
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.06.28
Excerpt: ...g sanction is not necessary to enforce a monetary sanction. New and v. Superior Court (1995) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 155 Cal.App.3d 754, 759. his ground cannot be the basis for the Court granting this motion. The remaining grounds are Defendant's failure to engage in discovery and her alleged willful disobedience of the Court's Order compelling discovery. These grounds are persuasive. While defense counsel was present, noti...
2023.06.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 526
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.28
Excerpt: ...Retail, Inc. (2008) 168 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 (2005) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through tr...
2023.06.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 311
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.06.28
Excerpt: ...s Acton Settlements in General Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 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 ...
2023.06.28 Motion for Final Approval of Class Action Settlement 344
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.28
Excerpt: ... costs. Fees and costs are simply a part of the motion for approval. The court believes it may have sufficient information to award fees and costs based on what has been filed. In future cases, counsel should file a single motion. Final Approval of Class Acton Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable....
2023.06.28 Motion for Final Approval of Class Action and PAGA Settlement 217
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.28
Excerpt: ... 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlemen...

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