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785 Results

Location: San Bernardino x
2023.02.02 Demurrer to FAC 398
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.02.02
Excerpt: ...tract action against Defendant City of Redlands (“Defendant” or “Redlands”). Plaintiff's complaint included five causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) reformation; (4) declaratory relief; and (5) promissory estoppel. On August 5, 2022, the Court denied the notice of related cases filed by Coyote and found this action was not related to LLTVA2200544. On October 12, 2022...
2023.01.31 Motion to Substitute New Plaintiff 233
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...en (Riden), who was a locker room attendant and assistant coach, placed at least one hidden camera in the girls' bathroom. Plaintiff brought her action originally on December 14, 2021, hoping to represent herself and other female students who attended the subject school any time between January 1, 2015 and 7 August 24, 2021. The Court sustained the District's demurrer with leave to amend on November 21, 2022, and Plaintiff her First Amended Compl...
2023.01.31 Motion to Compel Arbitration and Stay Action 106
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.31
Excerpt: ...rbitration agreement may compel or be compelled to arbitration in six circumstances: (1) thirdparty beneficiary, (2) incorporation by reference, (3) agent, (4) equitable estoppel, (5) alter ego/pierce the corporate veil, and (6) assumption. (Young Seck Suh v. Superior Court (Cha Hollywood Medical Center, L.P.) (2010) 181 Cal.App.4th 1504, 1513; Boucher v. Alliance Title Company, Inc. (2005) 127 Cal.App.4th 262, 268.) Equitable estoppel associated...
2023.01.31 Motion to Compel Arbitration 721
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...ital Med. Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [trial court rulings have no precedential value].) On the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non‐PAGA claims is GRANTED. 2. The Court would DELEGATE the decision whether arbitration may proceed on a class basis to the arbitrator. 3. Plaintiff's PAGA claim is STAYED pending completion of arbitration 3 Case Summary Plaintiff filed this ...
2023.01.31 Motion for Leave to File Amended Complaint 404
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.01.31
Excerpt: ...d proposed amended complaint be deemed filed and served as of the date this motion is granted. The proposed First Amended Complaint seeks to add a claim for punitive damages based upon the fact that Defendant disclosed in discovery that he was looking down at his cell phone when he rear‐ end Plaintiff's vehicle. The additional allegations added in the proposed First Amended Complaint are located in the following paragraphs: (1) Paragraphs 9‐1...
2023.01.31 Motion for Good Faith Settlement Determination 893
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.31
Excerpt: ...endant Sedillo filed a supplemental declaration in support of the motion, testifying the only insurance policy he would have in place was the one with National General, policy number 2007805533, with a policy limit of $50,000 per person involved in an accident, with $100,000 per accident. (Sedillo Supp. Decl. at ¶2.) Defendant Chiaramonte was not employed by Sedillo on October 7, 2020, the date of the accident. (¶3.) Sedillo was not in the vehi...
2023.01.31 Demurrer 571
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.31
Excerpt: ...3) breach of loyalty; (4) intentional interference with prospective economic advantage; (5) unfair competition; and (6) unjust enrichment. Plaintiff essentially alleges that, unbeknownst to it, Defendant Urbina incorporated JNS Supplies, Inc. (Defendant JNS) and forwarded information and trade secrets to it in order to steal Plaintiff's business. On March 24, 2021, Defendant Urbina cross‐complained against Plaintiff and others alleging (1) fail...
2023.01.30 Motion for Judgment on the Pleadings 496
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.30
Excerpt: ...irected at the sufficiency of the allegations on the face of the complaint just like a demurrer. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [rules governing demurrers generally apply to motions for judgment on the pleadings]; Code of Civ. Proc. §430.10, subd. (e); Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [demurrer proper only when the facts alleged on the face of the complaint fail to state any valid claim].) Here...
2023.01.30 Demurrer, Motion to Strike 194
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.30
Excerpt: ...10, subd. (f), uncertainty. The moving party complied with the meet and confer requirements before the motion was filed. A demurrer challenges the sufficiency of a pleading by raising questions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) As such, the only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a...
2023.01.26 Demurrers to FAC 400
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.26
Excerpt: ...s case, the Plaintiffs are Adam Ali (an infant at the time of alleged facts), Yadira Trujilla (mother, for herself and as guardian), and Mohammad Ali (father). In essence, the Plaintiffs allege that on March 31, 2022, the parents entered a childcare agreement with Defendant KA of Rancho Cucamonga (sued as “Kiddie Academy”) to care for their infant and his sister. Defendants Moore were agents of Kiddie, and Defendant Ferra was the director and...
2023.01.26 Motion for Summary Judgment, Adjudication 295
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.26
Excerpt: ...e following causes of action: (1) negligence; (2) wrongful death; and (3) premises liability. Plaintiffs allege on February 17, 2018, one of the Plaintiffs presented a 2002 Toyota Sequoia for service at Fairmont Tire & Rubber, Inc., and Fairmont represented that the vehicle had been fully and properly serviced and that the vehicle was safe to drive. (¶7.) On August 23, 2018, one of the Plaintiffs was operating the vehicle on the 15 Freeway near ...
2023.01.26 Motion to Compel Arbitration 893
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.26
Excerpt: ...ation of the Song‐Beverly Act [against FCA]; and (5) negligent repair [against the Dealership]. FCA and the Dealership answered. The also each filed motions to compel arbitration. However, along with his opposition to FCA's motion, Plaintiff filed a request for dismissal of the Dealership. FCA replied to Plaintiff's opposition to its motion to compel arbitration. As the result of Plaintiff's dismissal of the Dealership, FCA is the only remainin...
2023.01.26 Motion to Compel Further Responses, to Compel Deposition 493
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.26
Excerpt: ...sition Attendance of GM's Person Most Qualified and Custodian of Records (PMG Motion). GM opposes both motions and Plaintiff has replied. The Motions currently are on the Court's January 26, 2023 law and motion calendar. At the outset, the Court is disappointed with counsel's lack of cooperation and effort in resolving their differences before seeking Court's intervention. Counsel for both sides are put on notice that the Court will issue monetar...
2023.01.26 Motion to Stay Trial 030
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.01.26
Excerpt: ..., Rule 3.1113(l).) The Court further finds them irrelevant and unnecessary. As to the Motion to Stay: DENY. No authority is provided for a unilateral stay of the case pending compliance with Discovery Orders. As to the Motion to Compel & Sanctions: The Court GRANTS 2 the motion to compel supplemental responses as follows: 2 The parties may hire a discovery referee if discovery is to remain contentious. To the extent that is cost prohibitive, the ...
2023.01.25 Motion to Compel Arbitration, Deposition of PMK 192
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.25
Excerpt: ...ent 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 to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties to arbitrate if it determines an agreement to arbitrate exists, unless it d...
2023.01.25 Demurrer 995
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.25
Excerpt: ...g Defendants were personally served as Doe Defendants on October 16, 2022. (Exh. 1 to Skaf Decl.) The Demurrer would have been due 30 days thereafter, i.e., on November 15, 2022. (Code Civ. Proc., §430.30.) But Defendants obtained a 30‐day extension to file a response. (Campo Decl. at ¶¶4‐ 5, Exh. B.) That would extend the deadline to December 15, 2022. The Demurrer was filed the day before. And the fact Plaintiff misunderstood the 30‐da...
2023.01.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 848
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.24
Excerpt: ... 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 and the...
2023.01.23 Motion to Compel Arbitration and Joinder 092
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.23
Excerpt: ...ment Professionals, Landair Logistics, Inc., Covenant Transport, Inc., and Gustavo Bravo. Defendant Express moves to compel arbitration. Defendants Landair and Covenant join. Plaintiff Carrasco opposes. Defendant Express replies. DISCUSSIONS Statement of the Law Federal. The Federal Arbitration Act (“FAA”) [9 U.S.C. §1, et. seq.] authorizes enforcement of arbitration clauses unless grounds exist in law or equity for the revocation of any con...
2023.01.23 Motion for Leave to File Complaint 298
Location: San Bernardino
Judge: Keh, Winston
Hearing Date: 2023.01.23
Excerpt: ...gainst the plaintiff. (Code Civ. Proc., §§426.10, subd. (c), 426.30, subd. (a).) A related cause of action means a cause of action that “arises out of the same transaction, occurrence, or series of transactions or occurrence” as the complaint. (Code Civ. Proc., §426.10, subd. (c).) Furthermore, a cause of action arises out of the “same transaction or occurrence” if the factual or legal issues are logically related. (Currie Medical Spec...
2023.01.20 Petition for Writ of Mandate 716
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ...llegedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues...
2023.01.20 Motions to Compel Arbitration 538
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ... PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Lab...
2023.01.20 Motion to Set Aside Default 633
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ... Complaint, and First Amended Complaint. (See, Declaration of Torey Joseph Favarote (“Favarote Decl.”), ¶¶ 2‐8.) On July 7, 2022, Defendant filed this Motion to Set Aside Default. A motion to set aside a default may be brought pursuant to either Code of Civil Procedure section 473, subdivision (b), or section 473.5. A court has broad discretion to vacate a default or default judgment. This discretion, however, can only be exercised if the...
2023.01.20 Motion to Compel Arbitration 689
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...
2023.01.20 Motion to Compel Arbitration 663
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ...e step process for determining whether an arbitration agreement exists: (1) the moving party bears the burden of producing prima facie evidence of a written agreement to arbitrate the controversy by either attaching a copy of the arbitration agreement with the opposing party's signature or by setting forth the terms of the agreement in the motion; (2) the opposing party bears the burden of producing evidence to challenge the authenticity of the a...
2023.01.20 Motion for Preliminary Approval of Class Action and PAGA Settlement 747
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.01.20
Excerpt: ...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 of the proceedi...

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