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468 Results

Location: San Bernardino x
2022.05.23 Motion to Compel Further Responses 398
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.23
Excerpt: ...ident. With these limitations, the court grants the motion to compel regarding Special Interrogatory Nos. 10‐12, 13, 40‐41, and 44. The court overrules the objections and grants the motion to compel a further response to Special Interrogatory No. 14. The response that an interrogatory is not applicable is not a substantive response. Defendant shall provide further responses as set forth above within 10 days from the date of this order (May 23...
2022.05.19 Motion to Modify and Enforce Settlement Terms 063
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.19
Excerpt: ...hom remain only Skanska USA Civil West California District, Inc. and Skanska‐Rados. Through the operative fourth amended, Plaintiff alleges that she owns real property that Defendants improperly trespassed upon in completing the I‐215 widening project and in reconstructing of the 16th Street Bridge. Defendants' use of Plaintiff's property was unauthorized and by its encroachment Defendant removed a tree, stripped vegetation, placed an unstabl...
2022.05.19 Demurrer, Motion to Strike 747
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.19
Excerpt: ...FAC) comprised of over 1121 paragraphs (not including the 186 paragraph Prayer of the FAC), seeks to hold Seller's Choice and Reyes, an escrow officer and escrow company, liable based upon a series of loan transactions. According to Plaintiffs' FAC, Plaintiffs entered into various loans with co‐defendant Kevin Zhang and/or his entities, and that Plaintiffs suffered damages because Plaintiffs did not receive the loan monies, and instead the loan...
2022.05.19 Demurrer to FAC 747
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.19
Excerpt: ...hat the allegations are ambiguous, uncertain and unintelligible pursuant to Code of Civil Procedure section 430.10, subdivision (f) is overruled, because based upon a review of Plaintiffs' First Amended Complaint (FAC), and taking the allegations of Plaintiffs' First Amended Complaint as a whole, Plaintiffs' FAC and specifically, Plaintiffs' Fifth, Sixth, Tenth, and Eleventh Causes of Action contained therein are not so vague or so ambiguous or u...
2022.05.18 Motions for Sanctions, for Leave to File FAC 806
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.18
Excerpt: ...3) Plaintiffs Respondent: (1)‐(2) Plaintiffs (3) Defendants The People of the State of California, acting by and through the Department of Transportation Page | 2 I. MOTION FOR SANCTIONS a. Statement of Law – Motions for Sanctions Pursuant to Code of Civil Procedure sections 128.5 and 128.7 Code of Civil Procedure1 section 128.7 provides for the imposition of sanctions for filing “frivolous” pleadings. However, the awarded sanctions are n...
2022.05.18 Motion to Establish Admissions 491
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.18
Excerpt: ...dmitted motion”].) Here, that is precisely what Inland has done. Plaintiff Virginia Carillo contends the responses are not substantially code‐compliant, in part because Inland denied 13 of the 22 requests, and it admitted six requests, yet it did so elaborating on its admission or denial. However, this is not required under section 2033.220, which allows a party to either admit or deny a request, and there is no requirement that Inland explai...
2022.05.18 Motion for Protective Order to Limit Designation of Expert Witnesses 286
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.18
Excerpt: ...fficult to distinguish between what expert will testify as to what aspect of the vehicle. Thus, at the very least good cause had been shown for an order requiring GM to provide a bit more specificity as to the expert testimony. This would better flush out if there will be duplicative testimony and if some of the experts should be excluded all together. GM has since indicated it would limit its expert designation to one witness, Timothy Minich. Th...
2022.05.18 Demurrer, Motion to Strike 598
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.18
Excerpt: ...not complied with the claims presentation requirement of the California Tort Claims Act, and has failed to allege circumstances excusing compliance. Government Code section 910 provides a notice must be sent to the public entity, identifying the claimant, the nature and circumstances of the event giving rise to the claim, the nature of the indebtedness, damage or loss being claimed, and the name or names of the public employees who caused the dam...
2022.05.16 Motions to Compel Production of Docs 792
Location: San Bernardino
Judge: Tomberlin, John S33
Hearing Date: 2022.05.16
Excerpt: ... Set No. One 4. Your Care's Motion to Compel Lamar Berryman to respond to Request for Production of Documents, Set No. One 5. Westprime's Motion to Compel ESP Healthcare Group, LLC to Respond to Request for Production of Documents, Set No. One 2 6. Westprime's Motion to Compel Zitro Medical LLC to respond to Request for Production of Documents, Set No. One 7. Westprime's Motion to Compel Integrity Medical Solutions LLC to Respond to Request for P...
2022.05.13 Motion to Compel PMK Deposition 296
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.13
Excerpt: ... Alegre (2009) 177 Cal.App.4th 1277, 1293‐1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124 [“Implicit in the requirement that counsel contact the deponent to inquire about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue”].) In addition, Defendant's objections were justified, and Plaintiff's position regarding the scope of ...
2022.05.13 Motion for Summary Judgment, Adjudication 302
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.13
Excerpt: ... separate statement. 2. The Court grants Defendant Hyundai's motion for summary judgment. Hyundai demonstrates Plaintiff is bound by the class action settlement under which she released her claims. Further, the first and second causes of action are time‐barred. (Evidentiary Basis: Defendant Hyundai's Undisputed Facts Nos. 2‐16, 21, 23; Settlement Agreement (Exh. B); District Court Order Granting Final Settlement Approval (Exh. C); Amended Sup...
2022.05.12 Motion to Compel Responses 003
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.12
Excerpt: ...Special Interrogatories (2) Motion to Deem Requests for Admissions Admitted (3) Motion to Compel Responses to Requests for Production (4) Motion to Compel Response to Form Interrogatories Movant: Plaintiffs Keri Bedol and David Lawrence Respondent: Montclair Royal Senior Living, Inc. The moving party has filed moving papers requesting a ruling from the Court re a Discovery issue. A Discovery Conference Order (herein after DCO) was given in this c...
2022.05.11 Demurrer 153
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.05.11
Excerpt: ...n one year later. He filed suit on September 20, 2021. Defendant's position is straightforward: Notice to the LWDA must be filed within one year of termination, and plaintiff was four months late. Therefore, he failed to timely exhaust his administrative remedies. Plaintiff's position is more complicated. Fundamentally, the argument seems to be that PAGA does not directly impose a time limitation for submitting the notice. The only time limitatio...
2022.05.10 Motion to Quash Deposition Subpoena for Production of Records 544
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.10
Excerpt: ...g the motion in his Report Number 11. On March 4, 2022, Plaintiff filed a request for Oral Argument on this Motion before the Referee and on April 27, 2022, in Report #12, the Referee recommended that the Court deny the request. Plaintiff then directly requested that the Court consider oral argument on the Motion and the Court granted it. After considering the written papers filed in support and in opposition, the Court's tentative is to grant th...
2022.05.10 Motion for Leave to Take Further Deposition 544
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.10
Excerpt: ...G's initial deposition even without prior knowledge of the purported new evidence. Alternative causation is virtually a ubiquitous defense in personal injury cases. (See e.g. the District's answer to the complaint.) As a result, good cause has not been shown for a second deposition as to topics “a,” “b,” and “e.” The “additional information” topic is simply too broad and therefore good cause has not been shown for topic “h.” M...
2022.05.09 Motion to Quash Deposition Subpoena 349
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.09
Excerpt: ... Court (Ingrassia) (2003) 114 Cal.App.4th 475, 480‐81) the privacy right is personal to the individual and “does not survive but dies with the person.”1 (Lugosi v. Universal Pictures (1979) 25 Cal.3d 813, 821‐22, overruled by statute on other grounds per Timed Out, LLC v. Youabian, Inc. (2014) 229 Cal.App.4th 1001, 1008; Catsouras v. Department of California Highway Patrol (2010) 181 Cal.App.4th 856, 869‐70; Flynn v. Higham (1983) 149 C...
2022.05.09 Motion to Disqualify Attorney 448
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2022.05.09
Excerpt: ...t while corporations are nominal defendants in shareholder derivative suits, they are actually plaintiffs. (Forrest, supra, 58 Cal.App.4th at p. 74; Blue Water, supra, 192 Cal.App.4th at p. 489 [explaining such corporate entities are “actually plaintiffs in the eyes of the law.”].) Defendants' opposition is premised almost entirely on Opinion 1999‐153 (attached to Exh. B to Sichi's declaration) and its interpretation of what is now rule 1.1...
2022.05.09 Motion to Compel Further Responses 395
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.09
Excerpt: ...ral Motors, LLC to serve further responses to special interrogatories 5, 14, 23, 40, 42, 43, and 45. (3) GRANTS Plaintiff's motion to compel Defendant General Motors, LLC to serve further responses to RFPs 6, 54, and 63. (4) DENIES Plaintiff's motion as to RFPs 38‐41, 47‐50, 61, and 62. Analysis and Bases re Denial Plaintiff's motion appears problematic as it relates to RFPs 38‐41 and 47‐50. The moving party must establish “good cause...
2022.05.09 Motion for Attorney Fees, to Discharge Writ 019
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.05.09
Excerpt: ... Rehabilitation (“CDCR”) to vacate approval of a project where CDCR Page 3 of 16 CVS260050922 proposes to build a fifty‐bed “Mental Health Crisis Facility” at the Chino Institute for Men (“CIM”). The project is one of several mental health facilities CDCR plans to build in response to an order from the United States District Court for the Eastern District of California, which found that CDCR lacked sufficient beds to meet the needs ...
2022.05.09 Demurrer 201
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.09
Excerpt: ...nswer as provided in Section 430.30, to the pleading on any 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 s...
2022.05.06 Motion for Approval of PAGA Settlement 068
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.05.06
Excerpt: ...dice the other aggrieved employees. The court requires an analysis of the individual claims. 4. The incentive fee ($5,000) may be unnecessary in light of the individual settlement. Counsel should address why both payments (individual settlement and incentive award) are appropriate. The court also needs a declaration from the representative explaining what she has done to warrant the incentive award. Page 2 of 3 CVS260050622 5. The settlement admi...
2022.05.05 Motion to Compel Deposition, Production of Docs 394
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.05
Excerpt: ...s argument ignores Code of Civil Procedure section 599, which provides that notwithstanding any other law, a trial continuance extends any deadlines that had not already passed as of March 19, 2020, unless the court expressly orders otherwise. That means, each trial continuance automatically continued the discovery cutoff dates to be governed by the new trial in that the Court here has not expressly ordered otherwise. Thus, the motions were timel...
2022.05.05 Motion for Class Certification 971
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2022.05.05
Excerpt: ...) (2012) 53 Cal.4th 1004, 2023.) With one possible exception, plaintiff has presented substantial evidence showing that each procedural requirement for class certification is present, which defendant fails to contest with contrary substantial evidence. The class is shown to be ascertainable, plaintiff's claims are shown to be typical of class claims, common questions of law and fact are shown to predominate over individual issues, the representat...
2022.05.05 Demurrer to SAC 692
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2022.05.05
Excerpt: ...ities are not actionable. This argument does not support the demurrer. Exhaustion of Administrative Remedies – A demurrer is properly sustained based on failure to plead exhaustion of administrative remedies. (Tejon Real Estate, LLC v. City of Los Angeles (2014) 223 Cal.App.4th 149, 156.) Grand Terrace Municipal Code section 5.04.250 requires an administrative appeal to the city council of any decision of the collector made under Municipal Code...
2022.05.04 Motion to Strike Punitive Damages
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2022.05.04
Excerpt: ...malice under Section 3294 if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences.” (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892.) The court in Taylor directed the trial court to reinstate the punitive damage allegations in plaintiff's complaint because there were allegations of defendant's history of alcoholism, his prior arrest and convictions for drunk driving, his prior accident at...

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