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625 Results

Location: San Bernardino x
2022.10.07 Motion to Compel Further Responses 565
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.07
Excerpt: ...ny other applicable [but unspecified] privilege. Many of these objections (e.g., vague and ambiguous) go to the form of the request and, as such, are improper because they are designed to protect a witness during oral examination, not when “the answer is to be made in writing, after due time for deliberation and consultation with counsel” since any such “answer may be framed [to] avoid the pitfalls, if any, inherent in the form of the quest...
2022.10.07 Motion for Protective Order, Sanctions 439
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.07
Excerpt: ...tment, Department S‐26. On June 17, 2022, the court denied defendants' motion to compel arbitration. The court ordered defendants to file a responsive pleading and lifted the stay on discovery. Defendants, however, appealed the denial of the motion to compel arbitration. It would appear that discovery was stayed pending the appeal, but the Court of Appeal issued a Notice of Default on Appeal on September 22, 2022, indicating that the appeal wou...
2022.10.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 955
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.07
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 action status through trial, the amount offered in settlement, the extent of discovery completed an...
2022.10.07 Motion for Final Approval of Class Action Settlement 266
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.07
Excerpt: ...cretion 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...
2022.10.06 Motion to Compel Arbitration and Dismiss Representative PAGA Claims 197
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.06
Excerpt: ... or future, we will use binding arbitration as the exclusive forum for the resolution of such disputes and I join with the Employer in agreeing that federal law will control. I further agree that Employer and I hereby join in waiving both (i) any and all right to initiate or participate in any form of class action or other collective or representative proceeding (“Class Action Waiver”) for the resolution of any Employment‐related Dispute, a...
2022.10.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 240
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.06
Excerpt: ...l.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 completed and the stage ...
2022.10.06 Application to Advance Status Hearing and to Set Hearing Date for Verified Petition for Writ of Mandate 596
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.10.06
Excerpt: ...s the following analysis and ruling on the merits. As a preliminary matter, Petitioner is correct that Code of Civil Procedure section 35 may apply to this litigation. The statute provides: “Proceedings in cases involving … the certification or denial of certification of ballot measures, election contests, and actions under Section 20010 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be gi...
2022.10.04 Motion for Preliminary Approval of Class Action Settlement 667
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.04
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 Page 2 of 8 CVS26100422 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...
2022.10.04 Motion for Final Approval of Class Action Settlement 778
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.04
Excerpt: ... of aggrieved employees or the aggregate number of pay‐periods during the PAGA period. 2 Subject to possible adjustment of costs. See fn. 4 infra. Page 5 of 8 CVS26100422 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' cas...
2022.10.04 Motion for Class Certification 609
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.04
Excerpt: ...equate representation for the class; and that common questions of law or fact predominate over individual issues. (Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004, 1021‐1022.) Both counsel have addressed these issues in detail. But counsel have failed to address whether the case, if certified, is manageable. In Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28, 29, the 3 Although the fee is 35% of the gross ...
2022.10.03 Motion for Final Approval of Class Action and PAGA Settlement 046
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.03
Excerpt: ...t, 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 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plai...
2022.10.03 Motion for Payment of Rent 896
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.10.03
Excerpt: ...d Sur‐Reply to Defendants' Motion to Compel Payment of Rent. The Court also received an Objections of Defendant Cynthia Inez Lopez to Galgano's Notice of Joinder and Sur‐Reply. The Court sustains Ms. Lopez' objections and declines to consider the Sur‐Reply and Joinder as being untimely. II. DISCUSSION Defendant Cynthia Ines Lopez seeks an order requiring payment of rent. Plaintiffs oppose the motion, asserting it is an attempt to seek a man...
2022.10.03 Motion to Dismiss 031
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.03
Excerpt: ... statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A c...
2022.10.03 Pro Hac Application, Demurrer, Motion to Strike 283
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.10.03
Excerpt: ...f action (for declaratory and injunctive relief) is barred by the four year statute of limitations. (Code Civ. Proc., § 337(1).) Defendant argues that the cause of action accrued when plaintiff made the last payment, on October 6, 2016, but the lawsuit was not filed until December 14, 2021, more than four years later. If this were a debt collection action filed by defendant, the action would likely be barred under Code of Civil Procedure section...
2022.09.29 Motion to Compel Further Responses 150
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.09.29
Excerpt: ...October 14, 2022. The current responses potentially leave open the possibility that some documents, beyond the privileged documents, were withheld pursuant to the privilege or some other objection since only a list of what items Defendant Ozuna was willing to produce was provided and production was made without waiving the objections. (See Code Civ. Proc., § 2031.220 [outlining the requirements of a document demand response].) 2. The witness sta...
2022.09.27 Motion for Summary Judgment, Adjudication 201
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.09.27
Excerpt: ...t any fellow employee responsible for injuries “arising out of and in the course of employment.” (See Labor Code, §§ 3600‐3602, 5300.) Workers' compensation is generally the exclusive remedy for disabling injuries, whether physical or mental, arising from employment (or termination of employment), unless: (1) the injury results from employer conduct that falls “outside the normal course of employment”; or (2) the employer's conduct fa...
2022.09.27 Demurrer 393
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.09.27
Excerpt: ...ies. This argument has no merits. To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. [Citation.] A defendant does not owe a legal duty to protect against third party conduct, unless there exists a special relationship between the defendant and the plaintiff. [Citation.] In that circumstance, “[i]n addition t...
2022.09.22 Motion to Compel Arbitration and Stay Action 201
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.09.22
Excerpt: ...ther Ford nor Ken Grody are signatories to the RISC. The RISC includes a section entitled Arbitration Provision which states, in relevant part, Any claim or dispute, whether in contract, tort, statute or otherwise … between you and us or our employees, agents, successors or assigns, which arises out of or relates to your … purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such rel...
2022.09.22 Motion for Summary Judgment 395
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.09.22
Excerpt: ...On December 11, 2020, Defendant answered. Now at issue is Defendant's motion for summary judgment (MSJ) of Plaintiff's complaint. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION A. Summary Judgment – Statement of Law Summary judgment motions enable a court to determine the opposing party's pleadings lack evidentiary support and to limit or terminate the action accordingly: “The purpose of the law of summary...
2022.09.22 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.09.22
Excerpt: ...ach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiffs' punitive damages claims. Plaintiffs filed an opposition to each motion. Defendant filed a reply to each opposition. II. DISCUSSION A. Demurrer 1. Statement of the Law – Demurrer A demurrer is a pleading used to test the legal ...
2022.09.20 Motion to Set Aside Dismissal 091
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.09.20
Excerpt: ...remise liability. Defendant AMC Cinema answered. The Complaint alleges on April 19, 2019, Gibson was a patron at the movie theater owned, leased, managed, or supervised by AMC Cinema. Around 6:20 p.m., he slipped and fell on a slippery substance near the soda machines (¶¶7, 9‐10). On July 28, 2021, the Court held a further trial setting conference. No party appeared so it set an OSC re dismissal for August 27, 2021. (Papanikolas Decl. ¶6, Ex...
2022.09.20 Motion to Continue Trial Date and Expert Depositions 201
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.09.20
Excerpt: .... Motion: Motion to Continue the Trial Date and Expert Depositions Movant: Defendant American Automobile Association of Northern California, Nevada and Utah Respondents: Plaintiffs Estate of Gabriel Machado Castro, Gabriela Machado Castro and Humberto Machado Llanes Discussion ‐ “[t]he determination of a request for a continuance must be based upon the facts and circumstances of the case as they exist at the time of the determination.' [Citat...
2022.09.16 Motion for Judgment on the Pleadings 100
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.09.16
Excerpt: ... the petition is moot because the City has subsequently responded to the request in full. The Response Deadline Government Code section 6250 provides that the Legislature, mindful of the right of individuals, “finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.” To implement this right, the California Public Records Act (CPRA) provide...
2022.09.16 Motion for Final Approval of Class Action Settlement 366
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.09.16
Excerpt: ...he 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 completed and the stage of the proceedings, th...
2022.09.15 Motion to Compel Further Responses 093
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.09.15
Excerpt: ... at ¶5; Brault Decl. at ¶¶4‐5, Exhs. 2‐3.)[1] Finding the objections lacking merit, Defendant 4X McCall filed motions to compel further responses to Special Interrogatories #1‐3, 5‐16, and 18‐ 22, and RFPs #1‐34.[2] Plaintiff Scott opposes each. Defendant 4X McCall replied. Analysis The Court DENIES Defendant 4X McCall's Motions as untimely. The statutory 45‐day deadline is mandatory and jurisdictional in the sense that the court...

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