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1609 Results

Location: San Bernardino x
2024.03.19 Demurrer 489
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.19
Excerpt: ...'s original complaint included three causes of action: (1) negligence/vicarious liability; (2) premises liability; and (3) public nuisance. On November 13, 2023, the Court sustained a demurrer filed by the City to P laintiff's first and third causes of action, with leave to amend; the Court overruled the demurrer as to Plaintiff's second cause of action. On December 4, 2023, Plaintiff filed her operative First Amended Complaint (FAC), which in...
2024.03.19 Motion to Deem RFAs Admitted 567
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.19
Excerpt: ...y 2, 2022, P laintiff filed his first suit (Complaint #1) for (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; (6) slander of title; (7) intentio nal misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advan...
2024.03.18 Motion to Strike 405
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.18
Excerpt: ...nsive pleading is due. Under Code of Civil Procedure section 435.5, subdivision (a)(3), the demurring party must file a declaration stating either: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to s trike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion ...
2024.03.18 Motion to Compel Further Responses 598
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.03.18
Excerpt: ...concern Defendant's policies and procedures for handling Song -Beverly Act cases, and requests Nos. 30 to 31 concern similar customer complaints in vehicles of the same year, make, an d model as the subject vehicle. (Counsel Gregory Sogoyan Decl., at ¶ 21; Exhibit 8.) As background, Plaintiffs served these requests around September 15, 2023, and Defendant served responses around October 31, 2023. (Sogoyan Decl., at ¶¶ 14- 15; Exhibits 3 & 4.) ...
2024.03.18 Demurrer, Motion to Strike 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.18
Excerpt: ...the Motio n to Strike: The Court would DENY as moot given its ruling on demurrer. Case Summary This is a sexual abuse case. Plaintiff alleges that she was sexually abused in 1988, when she was eight years old, by “Doe 3,” who was later identified as a teacher at the Defendant School District. At the time, Plaintiff was in foster care and under the custody and control of a statelicensed foster home. The abuse allegedly was extensive and conti...
2024.03.18 Demurrer 405
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.18
Excerpt: ... for purpose s 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 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...
2024.03.15 Motion for Preliminary Approval of Class Action Settlement 220
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.15
Excerpt: ...e 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 the plaintiffs' case, the risk, the expense, complexity and likel...
2024.03.14 Motion to Compel Deposition 904
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.14
Excerpt: ...nst Esqueda and Call Pros Inc. On November 7, 2022, Plaintiff filed an amendment to the Complaint naming Rooter Hero Plumbing, Inc. in place of “Doe 1.” On November 7, 2022, the Court issued an Order Re: Discovery Conference, which stated that prior to filing any discovery motion, the moving party must schedule a telephonic or video discovery conference (also known as an Informal Discovery Conference, or “IDC”) with all parties and the ...
2024.03.14 Motion for Summary Judgment, Adjudication 754
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.14
Excerpt: ...s, Inc.; Prim e Healthcare Garden Grove, LLC, dba Garden Grove Hospital Medical Center; and Garden Grove Hospital. As a result, Ornelas commenced suit against those defendants, and the purported harasser Liza Martinez, on June 4, 2020. Ornelas contends that she began wo rking for Defendants in their hospital facilities as a certified nurse's assistant and her duties included basic patient care, such as feeding, changing clothes, bathing, etc. Or...
2024.03.14 Motion for Summary Judgment, Adjudication
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.03.14
Excerpt: ...18 Ford Fusion ( “Subject Vehicle”) from Citrus in Ontario, California. Defendants' Separate Statement of Undisputed Facts (UF) #1. Only Ojeda is named on the sales contract. UF #2. The Song -Beverly Act allows only the buyer of consumer goods to seek redress for breac hes of the implied or express warranties. (Civ. Code, §1794, subd. (a); Atkinson v. Elk Corporation of Texas (2006) 152 Cal.App.4th 212, 222.) A buyer is “any individual who...
2024.03.13 Motion for Summary Judgment
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.03.13
Excerpt: ...clude and/or identify the correct legal description of the Subject Property and that it was through mistake, error and/or inadvertence (through no fault of Plaintiff) that the NewRez DOT did not include and/or identify the correct full legal description to the Subject Property.” Plaintiff further argues all allegations of the complaint must be accepted because Miranda's purportedly responsive pleading does not appear to controvert any material ...
2024.03.12 Demurrer 692
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.12
Excerpt: ...ra Inc. filed a Cross- Complaint against Cross -Defendant Cavaniola. The Cross- Complaint pleads 4 cross- claims: (1) breach of contract, (2) open book acc ount, (3) account stated, and (4) reasonable value. Cross -Defendant Cavaniola answered. The pleadings allege that Cavaniola owns the property at 74221 Rocky Rd., City of 29 Palms. Cavaniola entered into a contract with Ficara Inc. to complete excavatin g, grading, and hauling on the property...
2024.03.12 Demurrer 603
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.12
Excerpt: ... 2, 2022, Arbitrator Linda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied InvestorsAlly's claims and awarded $116,967.54 in attorney fees and costs to Defendants Lindholm and Marina Resort. (See Ex. 1 to RJN Ex. 3 InvestorsAlly's verified motion to vacate arbitrator's award in CIVSB2025501 .) On February 2, 2023, the Court confirmed the arbitration award. InvestorsAllythen filed a motion to vacate the arbit...
2024.03.12 Motion to Quash Service of Summons 601
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.12
Excerpt: ... Johns Pizz a, Aylin (Last Name Unknown), and Juan “Johnny” (Last Name Unknown)(collectively, Defendants). Martinez filed a first amended complaint (FAC) on July 7, 2023, against the same defendants but correcting “Carvu 2, Inc.” to “Cravu 2, Inc.” (Cravu). The FAC a lleges Martinez is a Hispanic male approximately 59 years old at the time his employment with Cravu ended. Martinez began working for Cravu as a delivery driver in July...
2024.03.12 Demurrer, Motion to Strike 972
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.03.12
Excerpt: ...es both motions, and Luong replies to both as well. The Court finds that the parties have met the meet and confer requirements under Code Civ. Proc., §§ 430.41, subd. (a)(3) an d 435.5, subd. (a)(3). Analysis Luong demurs to the Breach of Contract cause of action in the Cross -Complaint contending that it is a conclusory pleading. He demurs for failure to state a cause of action as well as uncertainty. Namely, Luong states that Frontier fails ...
2024.03.12 Motion to Dismiss 818
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...ees, missing items, un paid laundry use, legal and office expenses, travel time[,] gas and expenses to Court, postage, etc., as well as for Malice, Abuse, Libel, Slander, Defamation, Nuisance 1161(4) 4 [and] Conspiracy to Defraud.” (Compl., 1:22 -24.) Defendant Scott filed a “M oti on to D i s mi ss” o n D ec emb er 22, 203, and the pro per Defendants all filed general denials on February 6, 2024. The “Motion to Dismiss” is also writt...
2024.03.12 Motion to Tax Costs 671
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...e accident by running a red light and sought monetary damages at trial. Defendant contested the nature and extent of Plaintiff's claimed injuries and damages. Relevant here, Defendant served Plaintiff an offer to compromise pursuant to Section 998 of the Code of Civil Procedure on March 16, 2023. That offer sought to resolve the matter for $50,001. Plaintiff did not accept that offer and the matter proceeded to a jury trial. As a result, on Febru...
2024.03.11 Motion to Compel Arbitration and Stay Action 888
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.11
Excerpt: ...ilure to Pay Compensation Due Upon Termination/Waiting Time Penalties; 6) Discrimination Based Upon Disability in Violation of the FEHA; 7) Failure to Accommodate Disability; 8) Retaliation in Violation o f FEHA; 9) Failure to Take All Reasonable Steps Necessary to Prevent Discrimination, Retaliation, and Hostile Work Environment in Violation of FEHA; 10) Aiding and Abetting in Violation of FEHA; 11) Failure to Prevent Unlawful Discrimination in ...
2024.03.11 Motion for Preliminary Approval of Class Action Settlement 382
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ....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 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 ...
2024.03.11 Demurrers to TAC 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ...ation. Plai ntiff will have thirty days to leave to amend. Case Summary This is an insurance coverage dispute. Plaintiffs are married homeowners. Defendants Bamboo and Catlin are insurers. Other defendants are various adjusters and administrators for the atissue claim . Plaintiffs maintained a policy with Defendant Catlin for the period March 2, 2020, through March 2, 2021. Plaintiffs allege Defendant Bamboo is co -insurer or alter ego of Defenda...
2024.03.11 Demurrer 887
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.11
Excerpt: ...r to the complaint filed by Defendant Shenzhou Xingyu Global. There is also an unopposed demurrer by Defendant Christopher (Chris) Currie. This proceeding was commenced on June 30, 2023, by Plaintiffs Lesly Zamora (“Lesly”) and Zaira Zamora, by and through her Guardian ad Litem, Karla Zamora Duran (“Zaira”, collectively “Plaintiffs”), asserting causes of action for: (1) negligence; (2) assault and battery; (3) premises liability; and...
2024.03.08 Motion for Summary Adjudication 504
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.08
Excerpt: ...e was “run over ” by a forklift that was being operated by Mr. Jones while he was in the course and scope of his employment with Gebruder, Staffmark and Does 1 -100. On November 12, 2021, Staffmark filed in the operative Cross -Complaint against Gebruder and Roes 1 -2 5 alleging four causes of action: (1) total or comparative equitable indemnity; (2) declaratory relief; (3) breach of contract and (4) express indemnity. On November 27, 2023, ...
2024.03.07 Demurrer, Motion to Strike 325
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.03.07
Excerpt: ...mination in violation of public policy. Defendant has demurred to all causes of actions on grounds that, inter alia, the causes of action are time -barred and/or fail to allege facts sufficient to state a cau se of action. Defendant also filed a motion to strike requested punitive damages. As to her opposition to the demurrer to the third and fourth causes of action, the plaintiff contends that the causes of action are not time barred because th...
2024.03.06 Motion for Summary Judgment 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.06
Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...
2024.03.05 Motion to Set Aside Default 503
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2024.03.05
Excerpt: ...t so long as the moving party establishes the grounds for relief, the relief has been raised in a procedurally proper manner, and the motion is made within any applicable time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure §473, subd. (b) provides a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding take...

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