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1729 Results

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2021.06.03 Demurrer 038
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.06.03
Excerpt: ...rer, 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 2 “not accept as true contentions, 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 (1990) 51 Cal.3d 120, 125.) B. Meet and Confer Requirement U...
2021.06.02 Motion to Strike 024
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.02
Excerpt: ...fendants failed to pay minimum wages, overtime wages, and rest period wages, such that these wages were not paid twice monthly because they were not paid at all. Candy Shops, Inc. v. Superior Court (Silva) 210 Cal.App.4th 889, however, held that section 204 addresses only “how wages have been paid,” not “what wages are owed.” (Id. at pp. 904‐905.) Plaintiff argues that Candy Shops is inapplicable because it did not involve a claim for p...
2021.06.02 Motion to File Docs Under Seal, to Sequence Discovery, to Compel Further Responses 348
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.06.02
Excerpt: ... of public access. Due to the commercial interest, a substantial probability exists that the interest will prejudiced if the information is not sealed. However, the entirety of the documents do not need to be sealed. The parties have failed to file redacted documents as directed. Before granting the motion, the court needs to review the proposed redactions. 2. Motion to sequence discovery: Grant. Williams precludes requiring the representative pl...
2021.05.28 Motion to Compel Arbitration 816
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.28
Excerpt: ...The correct Arbitration Agreement (Exhibit C, rather than Exhibit B) only required employees to sign the agreement if they consented to arbitration. Therefore, defendant's evidence is sufficient to show, at least prima facie, that plaintiff signed. Significantly, plaintiff fails to submit a declaration denying that she signed; she only argues that defendant's showing is insufficient. She is mistaken. A document which has been destroyed or is othe...
2021.05.28 Application for Writ of Attachment 842
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.28
Excerpt: ...6) intentional interference with contractual relations; (7) intentional interference with prospective economic interests; (8) negligent interference with prospective economic advantage; (9) unfair business practices (Bus. & Prof. Code, § 17200); (10) declaratory relief; (11) accounting; and (12) unjust enrichment. In May 2020, CMI approached AWL regarding warehousing and shipping needs. Mark from AWL made representations regarding having require...
2021.05.27 Demurrer, Motion to Strike 540
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.27
Excerpt: ...ence; (4) fraud; and (5) conversion. 2 Proof of service was filed as to Adaimy by substitute service by leaving a copy with Mr, Adaimy's wife and a follow up mailing. (See February 11, 2021 proof of service.) Geico was personally served on December 8, 2020. (See December 18, 2020 proof of service). On March 23, 2021, Plaintiff requested entry of default, which was entered by the Clerk, on March 23, 2021 against Defendant Abdo Adaimy. Thereafter, ...
2021.05.26 Motion to Stay Consolidated Cases 122
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.26
Excerpt: ...meliness grounds. Plaintiff Martinez, however, has not responded to the motion. If Martinez objects to untimely service, the court will continue the hearing. If Martinez does not object, the hearing will proceed as scheduled. Defendant moves to stay the coordinated cases pending resolution of the Lopes case in Alameda County and the settlement in the Diaz case in Orange County. Defendants argue the claims are issue are largely subsumed by those t...
2021.05.26 Motion to Compel Arbitration 234
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.26
Excerpt: ...tly received favorable performance reviews. (¶¶ 9‐10.) In January 2020, Plaintiff notified human resources and his immediate supervisor of the need to take a two‐ week leave, under the California Family Rights Act (CFRA), so he could care for his mother, who was scheduled to undergo hip replacement surgery on February 17, 2020. (¶¶ 11‐13.) While Plaintiff's leave request was granted, he was advised upon his return on March 2, 2020 that ...
2021.05.26 Motion to Bifurcate and Sequence Discovery 832
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.26
Excerpt: ... with merits discovery deferred to the second phase, after a ruling on class certification. Most of the discovery in the first phase will be directed to defendant's policies, procedures, and practices, which will encompass the extent of control defendant exercised over the putative class members, a primary issue for misclassification claims. The detailed discovery regarding damages, and the substantial expense involved in conducting that discover...
2021.05.26 Motion for Terminating Sanctions 861
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.26
Excerpt: ... the history of difficulty in obtaining the deposition of Valeko, Valeko's demand to take the depositions of Defendants' employees prior to his deposition, Valeko's refusal to attend noticed depositions and objections, and the issues raised at the discovery conference. (Yang Decl. at ¶¶2‐14.) Yang's testimony regarding Valeko's refusal to answer simple questions regarding his ability to give competent testimony which could be later used at tr...
2021.05.24 Motion for Leave to File FAC 901
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.05.24
Excerpt: ... allowed. Instead of addressing the prejudice issue, the opposition only focuses on Cabrera's purported prior knowledge of Nancy's identity and the purported time‐ barred nature of the claims. The Court has discretion to deny leave to amend where the proposed pleading is barred on its face (Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 1048; California Casualty General Ins. Co. v. Sup.Ct. (Gorgei) (1985) 173 Cal.App.3d 274, 2...
2021.05.24 Motion for Summary Judgment, Adjudication 441
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.24
Excerpt: ...g inappropriate comments about his deceased mother, ridiculing his belief in God, calling him and co‐worker Robert lovers, and watching/leering at him and Robert while they changed in the locker room. Although he complained to his supervisor Ibarra, Murillo would deny them and then make false accusations against Mendoza. Ibarra would then write off Mendoza's complaints as silly and a waste of his time. Due to Murillo's false claims against him,...
2021.05.24 Petition to Compel Arbitration 936
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.24
Excerpt: ...) Statement of Law – Motion to Compel Arbitration 2 California Law Code of Civil Procedure sections 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 Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move t...
2021.05.21 Motion for Final Approval of Class Action and PAGA Settlement 776
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.05.21
Excerpt: ...e or summary listing all the key information would be helpful, rather than requiring the court to ferret out the information. Nevertheless, the settlement appears to be fair and reasonable for the class, for the LWDA, and for the aggrieved employees. The amounts to be deducted from the gross settlement amount for attorney fees, administration costs, incentive fees, and employer‐side payroll taxes are all reasonable and appropriate. Counsel, how...
2021.05.20 Petition to Compel Arbitration 529
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...er compelling the parties to arbitrate a dispute covered by the agreement. California Code of Civil Procedure section 1281.2 provides in pertinent part that: [T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission...
2021.05.20 Motion to Compel Discovery 044
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...hese motions were filed, even with a courtesy meet and confer letter. In opposition, Plaintiff's counsel, Edward Shkolnikov provides a declaration claiming that a recent move to a new office caused them to fall behind on work and that the discovery was mistakenly not calendared for a response. Counsel blames himself (and his paralegal) for the failure. He also claims he missed the meet and confer letter due to the volume of emails he receives. Th...
2021.05.20 Motion for Trial Preference 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.20
Excerpt: ...nd the records contained there so a formal request is unnecessary. (See Columbia Cas. Co. v. Northwestern Nat'l Ins. Co. (1991) 231 Cal.App.3d 457, 473.) The Court has reviewed its file, Exhibits A 2 through D, as well as the Petitions for Guardian ad Litem and Orders for: Jane LLN Doe, entered September 6, 2019; Jane LSC Doe entered August 16, 2019; Jane LSK Doe entered September 25, 2019; Jane LHE Doe entered July 27, 2020, and Jane LGD Doe ent...
2021.05.20 Demurrer, Motion to Strike 238
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ... 94.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded, i.e., ultimate facts alleged, but not contentions, deductions, or conclusions of fact or law. (Adelman v. Associated Int'l. Ins. Co. (2001) 90 Cal.App.4th 352, 359.) The plaintiff's ability to prove the allegations is of no concern in ruling on a demurrer. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d...
2021.05.20 Demurrer, Motion to Strike 049
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.20
Excerpt: ...of oral contract or an implied in fact contract sufficient as against a general demurrer. Paragraph 83 specifically provides in exchange for payment of tuition, Director Lopez promised ALCS could handle Lucas4 , would not send him home during the day, and it does not expel students. The alleged agreement not to send Lucas home was definite, and Plaintiffs clearly allege breach. Consideration is also clearly pled—payment of tuition. Just because...
2021.05.20 Demurrer, Motion to Strike 044
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.20
Excerpt: ...ient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f)2 ; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross‐complaint has been filed may, within 30 days after service of the complaint or cr...
2021.05.19 Motions for Summary Judgment, Adjudication 447
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.19
Excerpt: ...upport of the motion on February 24, 2021. MOTION: 1. Law to Be Applied in A Summary Judgment Motion: “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite 2 their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) Summary judgment is proper where the...
2021.05.19 Motion for Summary Judgment, Adjudication 944
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.19
Excerpt: ...7c, subdivision (c), summary judgment is proper where there is no material fact in dispute as to any essential element of a cause of action. Code of Civil Procedure section 437c, subdivision (p)(1), provides that a plaintiff has met his/her burden of showing there is no defense to a cause of action if he/she has shown each and every element of the cause of action entitling the party to judgment on that cause of action. A defendant has met its bur...
2021.05.19 Demurrer 339
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.19
Excerpt: ...y one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f)1 ; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or c...
2021.05.18 Motion to Compel Deposition, Production of Docs of PMK 445
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.05.18
Excerpt: ...erson Most Qualified (PMQ). The fact that Defendant asserts in its Opposition that it agrees to all but one of the categories yet argues the other categories is also telling. Finally, this Court would never require a party to re‐produce documents already produced in other discovery. 2 Both counsel are experienced in this area of law and by now should know of and cooperate with each other as to each's discovery needs and save only the real dispu...
2021.05.18 Motion for Summary Judgment 143
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.05.18
Excerpt: ...asions, and laceration and permanent scarring to MacPherson's nose. (Compl. ¶¶ 5‐12.) Page 2 of 13 On July 23, 2019, MacPherson filed a Complaint against Rodriguez, alleging causes of action for: (1) negligence; (2) strict liability; (3) negligence per se; and (4) premises liability. MacPherson alleges that after the attack, she had to plead with Rodriguez to get help at the hospital. While waiting for medical care, Rodriguez insisted, harass...

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