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1767 Results

Location: San Bernardino x
2024.07.15 Motion to Quash Deposition Subpoenas 798
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.07.15
Excerpt: ...ual histor y unrelated to the abuse allegations. Plaintiff alternatively requests a nondescript protective order. The County argues Plaintiff's medical records are relevant and Plaintiff has placed his health at issue in this litigation. Specifically, the County cit es Plaintiff's complaint allegations regarding severe emotional distress (quoted above) and Plaintiff's discovery responses, in which he attributes all his ongoing mental and emotion...
2024.07.15 Demurrer
Location: San Bernardino
Judge: Winter, Nicole Quintana
Hearing Date: 2024.07.15
Excerpt: ...behalf of counsel. On July 1, Plaintiff filed her opposition, and within that opposition, conceded demurrer was proper on those causes of actions involving individual defendants. Plaintiff asks for leave to file a second amended complaint to address deficiencies with the remaining challenged claims. On July 8, Defendants filed their reply, arguing leave to amend should be denied. Meet and Confer Counsel for Defendants have filed a declaratio...
2024.07.15 Motion to Compel Further Responses 690
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.15
Excerpt: ...an Honda Mot or Co., Inc.'s (hereinafter, “Defendant” or “Honda”) warranties. (Compl. ¶¶9 -10.) Plaintiff alleges the Subject Vehicle was delivered defective and, after its purchase, showed defects in its electrical and transmission systems. (Id. at ¶11.) On July 7, 2023, Plaintiff filed his Complaint against Honda and co -defendant Ontario Automotive LLC d/b/a Penske Honda Ontario (“Penske Honda Ontario,” and collectively, with H...
2024.07.11 Motion to Compel Compliance
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.07.11
Excerpt: ... communicat ions between Plaintiff's attorneys and Nationwide. Because Plaintiff represented he will produce herewith all non -privileged responsive documents in its possession, custody, or control, Plaintiff should be ordered to comply with his statement of compliance . The communications between Plaintiff's attorneys and Nationwide are not privileged so Plaintiff agreed to produce for example the denial letter, which CCIS references. Therefore,...
2024.07.11 Motion for Summary Judgment, Adjudication 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.11
Excerpt: ... and lack of authentication. (Martinez, Exhs. A -B.) The Court would SUSTAIN on the basis of hearsay. Plaintiffs further object to transcripts of video interviews of Charlie and David, again on the basis of hearsay and lack of authentication. (Martinez, Exhs. C -D.) Here , the parties own words are being offered against them in a proceeding to which they are a party. They fall into the hearsay exception at Section 1220. The Court therefore OVERRU...
2024.07.11 Motion for Summary Judgment
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2024.07.11
Excerpt: ...998.) “In regard to premises liability, ‘the duty arising from possession and control of property is adherence to the same standard of care that applies in negligence cases.' [Citation]” (Coyle v. Historic Mission Inn Corporation (2018) 24 Cal.App.5th 627.) Plaintiff alle ges that, on August 5, 2019, Defendants “so negligently, carelessly and recklessly owned, maintained, controlled, possessed, repaired, inspected, operated, designed, bui...
2024.07.10 Demurrer to SAC 861
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.10
Excerpt: ...nds on August 29, 2023 with 20 days leave to amend. Plaintiffs subsequently filed their first amended complaint (“FAC”), also a form complaint, on September 18, 2023 nearly identical to the original complaint but containing an attachment with pre -filing case history and a llegations, including a reference to an arbitration hearing from Arbitrations Forums, Inc., No. A2100B85A8C -C1 -D1. Judge Hill sustained Defendant's demurrer to the FAC...
2024.07.09 Motion to Set Aside Default, Judgment 862
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.09
Excerpt: ...lic Mutua l answered Cosco's complaint and filed its own cross- complaint against Cosco and a third -party cross -defendant, Lever Logistics, LLC (“Lever Logistics”). Public Mutual alleges it entered into a settlement agreement with Lever Logistics in which Lever Logis tics agreed to pay Public Mutual $67,390. (See Cross -Compl. ¶3.) Lever Logistics breached the agreement “by failing to pay the full amount . . . .” (Id., ¶5 (emphasis a...
2024.07.09 Motion to Compel Responses to RFAs 376
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.09
Excerpt: ...e a one -half in terest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant $31,500 (one half the value at the time); move in to the property; and contribute to improvements. She also alleges that she satisfied these p...
2024.07.09 Motion for Final Approval of Class Action Settlement 382
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.09
Excerpt: ... statements; (8) the keeping of payroll records; (9) reimbursements; as well as (10) violation of the unfair practices law; and (11) for civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff sought to represent all current and former hourly -paid n on-exempt employees who worked during the statutory period, as well as: (A) sub -class members who received overtime at a lower rate because Defendants 8 failed to include bon...
2024.07.09 Motion for Final Approval of Class Action Settlement 331
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.09
Excerpt: ...omplaint (SAC) was filed on October 12, 2021, to add Plaintiffs Salazar and Forrest and add wage -and -hour class claims. The operative SAC alleges violations relating to (1) rest breaks; (2) meal periods; (3) wages earned; (4) reimbursements; (5) waiting time penalties; as well as (6) violation of the unfair competition law and (7) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiff would represent al...
2024.07.09 Motion for Approval of PAGA Representative Action Settlement 412
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.09
Excerpt: ...deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must be notified of the settlement and be given an opportunity to object. The Court may looks to parallel class action guidelines to determine what is “fair, adequate...
2024.07.08 Motion for Limited Stay 647
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.07.08
Excerpt: ... high -speed c hase ensued. Ultimately, the officers used their vehicles to contain Mendez's vehicle and he was commanded to show his hands, stop the car, and exit. Despite these commands, Mendez kept moving his car forward. In response, and allegedly to protect the safe ty of the public and other officers, Officer Yanez fired his weapon, resulting in Mendez's death. On August 3, 2022, the Estate of Larry Mendez brought this instant action again...
2024.07.08 Motion to Set Aside Default 807
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.08
Excerpt: ...d landsc ape construction work at Defendant's home in Victorville pursuant to a written contract but was shorted $20,235 on payment. Plaintiff's process server purportedly personally served the complaint on Saturday, December 9, 2023. (See Proof of Service Filed December 12, 2023.) The Court entered default against Defendant at Plaintiff's request on January 12, 2024. On March 13, 2024, Defendant filed the instant “motion to quash (cancel) ser...
2024.07.08 Motion for Preliminary Approval of Class Action Settlement 279
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.08
Excerpt: ...ks, (3) failure to pay wages, (4) inaccurate wage statements, (5) waiting time penalties, (6) untimely wages, (7) violation of the Unfair Defendant Elogistics answered. Competition Law (UCL), and (8) penalties under the Private Attorney General Act (PAGA). The FAC alleges that Elogistics employed K. Li, He, Wei, and M. Li but failed to provide them and other nonexempt employees their meals before the 5th hour of work and provide an uninterrupted ...
2024.07.01 Demurrer, Motion to Strike 322
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.07.01
Excerpt: ...rinne Roman Torres as an individual and successor -in - interest of the Estate, initiated these proceedings on November 27, 2023, against Defendants Mohammad Jehad Shakfeh, M.D. (Dr. Shakfeh), and Montclair Hospital Medical Center (Montclair Hospital). After the initial demurrer/strike motion filing, Plaintiffs voluntarily filed the operative First Amended Complaint (FAC) with the following causes of action: (1) Wrongful Death – Medical Malpr...
2024.06.28 Motion to Class Certification 688
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.28
Excerpt: ...ns in total. A s to the Motion: The First Cause (meal -and -rest): The Court would DENY as to the meal -and -rest period claims, as well as the derivative causes 3 through 6 as they relate to the meal -and -rest period claims. The cause requires individualized inquiry and lack s commonality. The Second Cause (wage violations): The Court would DENY as to unpaid wages for answering calls that did not result in services. The Court would also DENY as...
2024.06.27 Motion to Compel Depositions 731
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.27
Excerpt: ...ment case. P laintiffs contend that they were harassed and discriminated against during their employment as police officers at Defendant City. They allege discrimination and harassment on the basis of disability and age, as well as other protected categories. Plaintiff Va s e k further contends he was denied protected leave. Plaintiff Pellis alleges he was subjected to comments about his sexual orientation, race, and national origin. Plaintiffs f...
2024.06.27 Motion for Leave to Intervene 875
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.27
Excerpt: ...y by their negligent ownership, control, repair, maintenance, or operation of the truck at issue. As such, he filed suit against Defendants on August 26, 2022. Shortly thereafter, on December 19, 2022, Defendants SPG Transportation and Kernail Singh filed a Cross- Complaint against Roes 1 through 100 for equitable apportionment of fault, among other things. Per stipulation, Defendant SPG was dismissed without prejudice on May 24, 2024. Relevant...
2024.06.27 Demurrer 236
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.06.27
Excerpt: ... LLC (“RD Holdings”), Rialto Distribution, LLC, and later dismissed plaintiffs filed their Complaint against Defendants Saadia Group, LLC, Yakoub “Jack” Saadia, and later dismissed defendants. The Complaint pleads one cause of action (after a dismissal) for intentional interference with contractual relations. The Complaint alleges Saadia Square LLC (“SSQ”) and SM Logistics Member LLC (“SM Member”) formed SM Logistic Holdco LLC (�...
2024.06.26 Motion to Compel Further Responses, for Sanctions 282
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2024.06.26
Excerpt: ...end ant” or “Motel”) _________ On February 16, 2024, Plaintiff served Motel with a set of form interrogatories, special interrogatories, and a request for production of documents. An extension of ti me to respond was requested, which is discussed in more detail below. Motel served its responses with objections on April 17, 2024. Plaintiff requested responses without objections because the responses had been served late. Although Motel did s...
2024.06.24 Motion to Compel Answers, Production of Docs from Medical Expert 691
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2024.06.24
Excerpt: ...the examiner wants an answer to the question…, the examiner must file a motion to compel within the time limit and in accordance with the procedures [provided by law].” (Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E- 15 citing Code Civ. Proc., §2025.480.) A meet and confer declaration is required. (Code Civ. Proc., §2025.480, subd. (b).) “The questions and answers in dispute must be set forth verbatim in a separate document (not in the ...
2024.06.24 Motion for Summary Judgment, Adjudication 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.24
Excerpt: ... Plaintiffs fu rther object to transcripts of video interviews of Charlie and David, again on the basis of hearsay and lack of authentication. (Martinez, Exhs. C -D.) Here, the parties own words are being offered against them in a proceeding to which they are a party. The y fall into the hearsay exception at Section 1220. The Court therefore OVERRULES. The Court would OVERRULE the remaining objections. Defendant Martinez's objections – Defendan...
2024.06.24 Motion for Protective Order 923
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2024.06.24
Excerpt: ... of action for br each of express warranty under the Song-Beverly Consumer Warranty Act against Defendant Ford Motor ruling.) Company (“Ford”) and a second cause of action for negligent repair against Defendant Raceway Ford, Inc. (“Raceway.”) After successful demurrers (se e November 22, 2023 rulings), the operative first amended complaint (“FAC”) was filed on December 22, 2023. The FAC contains the same two claims. Demurrers to the...
2024.06.24 Motion for Preliminary Injunction 976
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.06.24
Excerpt: ...lds Declaration , as hearsay. As to the Preliminary Injunction: The Court would DENY, without prejudice. Case Summary This case is, essentially, for trade secret misappropriation and intentional interference with economic relations. In short, Plaintiff is an insurance ag ency. The individual Defendants were workers at the agency. In September of 2022, the then -sole owner of Plaintiff passed away, leaving the business to his heirs. It was during ...

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