- San Bernardino
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- Cabrera, Carlos (94)
- Cohn, David S26 (462)
- Driscoll, David E 22 (118)
- Frangie, Janet M S29 (225)
- Keh, Winston 11 (273)
- Lee, Corey G S37 (118)
- Mathewson, Kory R12 (37)
- Ochoa, Gilbert G S24 (265)
- Ortiz, Joseph T S17 (392)
- Poncin, Lynn M S28 (102)
- Raphael, Tony R17 (91)
- Tomberlin, John S33 (4)
- Winter, Nicole Quintana (10)
2191 Results
2025.02.13 Demurrer to SAC, Motion to Strike 004
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.13
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.13
Excerpt: ...ecovery, LLC (“Advanced Steel”) Respondent: (1) Plaintiffs Sanchez, et al. (collectively, “Pla intiffs”) (2) Plaintiffs ________________________ DISCUSSION At the outset, the Court finds BTC's Demurrer and Motion to Strike moot as Plaintiffs' omission of BTC in the operative SAC served as a dismissal without prejudice. Plaintiffs' SAC neither names BTC in its caption, nor does it reference BTC in its body, despite the prior Doe amendments...
2025.02.11 Motion to Set Aside Default 462
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.11
Excerpt: ... of Summons (“POS”) stating Defendant was personally served on February 7, 2024 at Defendant's registered principal address located at 19005 Slover Avenue, Bloomington, CA 92316, by Shannon D. Dicus, a California Sheriff -Coroner. However, the POS does not identify the person served on behalf of the Corporate Defendant. It also states that the “Notice to Person Served” was served “as an individual defendant.” On April 24, 2024, Defend...
2025.02.11 Motion to Compel Arbitration 461
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Mathewson, Kory R12
Hearing Date: 2025.02.11
Excerpt: ...______________ __ Defendant Aerotek moves to compel Plaintiff Carrizosa to arbitration. Defendant R3 filed on January 24, 2025, a joinder to that request. Plaintiff Carrizosa opposes. Defendant Aerotek requests judicial notice of 18 other court orders on motions to compel arbitration and the 18 arbitration agreements involved in the other court proceedings. Judicial notice is denied because other trial court rulings are irrelevant and no applicab...
2025.02.11 Motion for Protective Order 971
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2025.02.11
Excerpt: ...s been demande d, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. In Willis v. Superior Court (1980) 112 Cal.App.3d 277, the Court of Appeal stated a motion for protective order should normally be made within the 30 -day period for answering interrogatories or within the period of a stipulated extension. (Id. at p. 289, fn. 5.) Relief from failure to timely move for...
2025.02.11 Demurrer, Motion to Strike 234
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.11
Excerpt: ...SION Plaintiff Concedes He No Longer has Causes of Action Under the Song - Beverly Act. Defendant demurrers Plaintiff's first and second causes of action, which are brought pursuant to the Song -Beverly Act. On October 31, 2024, the California Supreme Court issued its opinion in Rodriguez v FCA US, LLC (2024) 17 Cal.5th 189, holding “that a motor vehicle purchased with an unexpired manufacturer's new car warranty does not qualify as a ‘motor ...
2025.02.11 Demurrer, Motion to Strike 160
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.11
Excerpt: ... (1) existence of a contract, (2) plaintiff's performance or excuse for performance, (3) defendant's breach, and (4) resulting damages. (See Wall Street Network Ltd. v. N.Y. Times Co. (2008) 164 Cal.App.4th 1171, 1176.) Contracts may be oral, written, or can arise by the conduct of the parties. (Civil Code, §§ 1621 -1622; CACI 304 -305.) A contract is formed where the terms are clear enough for the parties to understand what each is required to...
2025.02.11 Demurrer 143
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2025.02.11
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2025.02.11
Excerpt: ... meet and confer requirement applies to amended pleadings as well as originals. (Code Civ. Proc., § 430.41, subd. (a).) The meet and confer shall occur at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) If there is no resolution, the demurring party shall submit a declaration with his/her demurrer stating either (a) the means in which the parties met and conferred and that no resolution...
2025.02.10 Motion to Compel Further Responses 404
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2025.02.10
Location: San Bernardino
Judge: Cabrera, Carlos
Hearing Date: 2025.02.10
Excerpt: ...tion of Documents (Set Two). On September 27, 2024, Plaintiff e -served his responses. (Gales Decl. at ¶¶7 -8, Exhs. A -B.)1 On January 28, 2025, Plaintiff served supplemental responses. (Armendariz Decl. at ¶2, Exh. A; Gales Reply Decl. at ¶4, Exh. B.) Before the supplemental responses were served, House moved to compel further responses to RFAs #33 -39, Form Interrogatory #17.1, Special Interrogatories #33 -37, and RFPs #24 - 29. 1 Gales' D...
2025.02.10 Motion for Summary Judgment 376
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.10
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.10
Excerpt: ...nts' faciliti es without supervision or assistance. She asserts that she passed out and fell forward, causing serious injuries and damages. She further alleges that, after the fall, she complained of pain from the fall, but Defendants failed to treat her and simply took her off medications. As a result, she initially filed suit on April 4, 2022. The current operative First Amended Complaint (FAC) asserts a single cause for medical negligence. Sta...
2025.02.10 Demurrer, Motion to Strike FAC 140
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.10
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.10
Excerpt: ... on the foll owing grounds: (1) the FAC and all causes of action are barred by the applicable statutes of limitations, as set forth in California Code of Civil Procedure section 583.210 and thus does not state acts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e); and (2) Plaintiffs' Third Cause of Action for Elder Abuse fails to state sufficient facts to constitute a cause of action and is vague an...
2025.02.07 Motion for Summary Adjudication, for Sanctions 817
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.07
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.07
Excerpt: ... Evidentiary Ob jections: Defendant makes objections to the Rajinder Adlaka declaration. The Court would SUSTAIN as to objections 1, 3, and 6 on the basis that the statements lack foundation. Further, the Court would SUSTAIN objection 4 on the basis of hearsay. The Court would otherwise OVERRULE. As to the Motion for Summary Adjudication: The Court would GRANT summary judgment (adjudication as to both causes of action) against Plaintiff. Defendan...
2025.02.06 Demurrer 088
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2025.02.06
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2025.02.06
Excerpt: ...iff's complain t. While the demurrer was pending, Plaintiff secured legal counsel. (See Subst. of Atty., filed 1/23/25.) Now represented by counsel, Plaintiff filed a timely opposition to Defendant's demurrer. Defendant filed a timely reply. II. DISCUSSION A. Meet and Confer Requirement Under Code of Civil Procedure section 430.41, subdivision (a), before filing a demurrer, the objecting party shall meet and confer with the opposing party for the...
2025.02.06 Demurrer, Motion to Strike 096
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.06
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2025.02.06
Excerpt: ...rimination, Retaliation, an d Harassment; and (6) Declaratory Relief. On November 22, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff opposes and Defendant replies. Demurrer First Cause of Action: Hostile Work Environment To establish a cause of action for hostile work environment, Plaintiff must show that (1) he is a member of a protected class; (2) he was subjected to unwelcome harassment; (3) the harassment was based...
2025.02.06 Motion for Preliminary Approval of Class Action Settlement 242
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.06
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.06
Excerpt: .... United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court h as “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 offered in settlemen...
2025.02.05 Motion to Quash Service of Summons 292
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2025.02.05
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2025.02.05
Excerpt: ...al negligence, alleges that Seitz and Jared Michael Conger were operating a vehicle, while Seitz and both Conger defendants owned a vehicle. Leiva's spouse Almendarez alleges loss of consortium. Seitz answered the complaint. Jared Michael Conger was dismissed. In early 2023, the matter was transferred from LA County Superior Court to San Bernardino County Superior Court after the parties stipulated to a transfer following Jared Michael Conger's d...
2025.02.04 Motion to Compel Production of Deposition Docs 675
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.04
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.04
Excerpt: ...an 14 days be fore the next hearing. Defendant Hub will file its reply (again, with a physical courtesy copy filed in the department) no later than seven days before the next hearing. Case Summary This is essentially a wrongful termination case. Plaintiff alleges that he was harassed, discriminated against, and ultimately fired because he is black. He asserts that Defendants harassed and discriminated against him by adverse actions, including but...
2025.02.04 Motion for Summary Judgment, Adjudication 676
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.04
Location: San Bernardino
Judge: Keh, Winston 11
Hearing Date: 2025.02.04
Excerpt: ...nce against District; (2) vicarious liability against District; (3) negligent hiring and supervision against District; (4) negligent infliction of emotional distress against Patterson; (5) sexual battery against Patterson; and (6) liability for wrongful act or omissions by public entity employees against District. According to the complaint, on or about January 6, 2022, Plaintiff was a student at Sycamore Rocks Elementary School. Patterson, who w...
2025.02.03 Motion to Compel Further Responses 549
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.03
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.03
Excerpt: ...ited to the resolution process existing in 2023 and 2024. Supplements will be pro vided within 30 days. The Court would otherwise DENY. As to SROG1: The Court would GRANT as to interrogatory number 10. Supplements will be provided within 30 days. The Court would otherwise DENY. As to Sanctions: Under each motion, both sides sought sanctions. Given the split ruling, as well as movant's failure to provide a separate statement, 1 the Court would fin...
2025.02.03 Motion for Final Approval of Class Action Settlement 870
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.03
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.02.03
Excerpt: ...ction in River side Superior Court on January 5, 2021 (CVRI2100246 [Suvorova I].) That matter was eventually dismissed without prejudice. At about that same time, Plaintiff Echeverria Palomo was proceeding with his case, having sent his LWDA notice. Both Plaintiff Suvorova and Exheverria Palomo supplemented their LWDA notices in 2022, and then jointly filed this instant class and representative action on February 17, 2022. On February 23, 2023, t...
2025.01.31 Motion to Consolidate, to Declare Vexatious Litigant 977
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Excerpt: ... Plaintiff fil ed 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) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13...
2025.01.31 Motion to Compel Further Responses, for Sanctions 347
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Excerpt: ...ure providing th e putative class members an opportunity to opt out. The Court would also award sanctions in the amount of $2,060, payable within 20 days and will set an OSC re Compliance in approximately 45 days. Case Summary This is a wage -and -hour class and representative action. The operative Third Amended Complaint (TAC) alleges violations relating to (1) payment for hours worked; (2) minimum wages; (3) overtime wages; (4) meal periods; (5...
2025.01.31 Motion for Preliminary Approval of Class Action Settlement 750
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2025.01.31
Excerpt: .... (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 likely duration of further litigation, the risk of maintaining class action status throu...
2025.01.29 Motion to Terminate Judicial Reference and Lift Stay of Judicial Proceedings 447
Location: San Bernardino
Judge: Winter, Nicole Quintana
Hearing Date: 2025.01.29
Location: San Bernardino
Judge: Winter, Nicole Quintana
Hearing Date: 2025.01.29
Excerpt: ...ate judicial reference because Axos has not been acting in good faith based on their actions regarding discovery. On January 2, Axos filed its opposition and request for judicial notice, arguing that per the terms of the Deed of Trust, the 90 day timeline is only applicable if the parties had agreed to arbitration, and that this Court lacks jurisdiction to terminate the judicial referee appointment. In addition, the Opposition requested judicial ...
2025.01.29 Motion to Dismiss 220
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2025.01.29
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2025.01.29
Excerpt: ... Estate Manage ment Services (CA), Inc. (Colliers) as Doe 4, and BCC Contracting, Inc. (BCC) as Doe 5. On November 1, 2024, Plaintiff named Gregg Electric, Inc. (Gregg) as Doe 6. Other Does were dismissed. According to the complaint, due to poor exterior lighting Plaintiff tripped and fell on a parking berm in the parking lot at 1651 S. Carlos Avenue in Ontario (premises) on October 15, 2017. 1 Plaintiff settled with Horizon. 3 Multiple cross -co...
2025.01.29 Motion to Deny Class Certification or for Judgment on the Pleadings 511
Location: San Bernardino
Judge: Winter, Nicole Quintana
Hearing Date: 2025.01.29
Location: San Bernardino
Judge: Winter, Nicole Quintana
Hearing Date: 2025.01.29
Excerpt: ...pleadings be amended to eliminate allegations as to a representation of an absent person and that the action proceeds accordingly. Under this rule, a party is not attacking the pleadings like a traditional motion to strike but is requesting the initiation of the class certification process. (In re BCBG Overtime Cases (2008) 163 Cal.App.4th 1293, 1299 [“BCBG”].) The procedure is for the trial court to hold an evidentiary hearing and determine ...