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325 Results

Location: San Bernardino x
2021.10.20 Motion for Prejudgment Possession 208
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.10.20
Excerpt: ...rises, LLC and YTC Investments, LLC a. Discussion Plaintiff City seeks an order of prejudgment possession of the property it seeks to condemn for a permanent easement and a temporary construction easement for a period of twelve months. Defendants THM Enterprises and YTC Investments (for this motion, “Defendants”) oppose the motion, asserting Page | 2 resolution of necessity does not establish the right to take, and the City failed to make the...
2021.10.20 Motion for Approval of PAGA Settlement 964
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.20
Excerpt: ...s inappropriate, especially for a relatively small settlement such as this. Many courts do not award any “incentive” awards in “PAGA only” cases . This court views a maximum $5,000.00 award as appropriate. (Reducing the incentive award brings the penalty amount to $79,847.60.) 3. Counsel has provided only estimates for the number of aggrieved employees (109) and the total number of pay‐periods for all aggrieved employees collectively (1...
2021.10.19 Motion to Deny Class Certification 992
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.19
Excerpt: ...leads the following class: All current and former non‐exempt employees paid on a salaried basis and misclassified as “exempt” who worked for any of the Defendants within the State of California at any time during the period from March 13, 2015, to final judgment. Lollicup moves to deny class certification. Rules of Court, rule 3.767(a)(3), provides that in the conduct of a class action, the court may require the pleadings be amended to elim...
2021.10.19 Motion for Relief from Deemed Admissions 315
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.19
Excerpt: ...ois v. Goel (2005) 35 Cal.4th 1094, 1108: “We agree that it should not matter whether the ‘judge has an unprovoked flash of understanding in the middle of the night' [Citation] or acts in response to a party's Page 2 of 7 CVS26101921 suggestion. If a court believes one of its prior interim orders was erroneous, it should be able to correct that error no matter how it came to acquire that belief.…” (See also In re Marriage of Herr (2009) 1...
2021.10.18 Motion to Declare Prevailing Party, for Attorney Fees 316
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.18
Excerpt: ...ggs, and (5) Charles Hohman (collectively cross‐defendants). The City also asks the court to deem the action moot because cross‐defendants are no longer in possession of the property where an unlicensed marijuana dispensary was operating, and the nuisance has therefore been abated. After extensive litigation, the court issued a preliminary injunction to prevent the operation of a marijuana dispensary on the property, which the Court of Appeal...
2021.10.18 Demurrer, Motion to Strike 353
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.10.18
Excerpt: ...nst him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [citations omitted].) 2. Demurrer to First Cause of Action ‐ Fraud: The demurrer is overruled. The allegations are sufficient as against a demurrer. 3. Demurrer to Second Cause of Action ‐ Negligent Misrepresentation: The demurrer is overruled. The factual allegations regarding the misstatements and omissions are sufficient for the fraud cause of action, and Defenda...
2021.10.14 Motion to Compel Further Responses 019
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.14
Excerpt: ...nses to most of the RFPs, RFAs, and Form Interrogatories. (Exh. 11 to Cabada's Decl.) As supplemental responses were served, this motion is moot as to (a) RFPs #20‐21, 23, Page 2 of 4 CVS26101421 42, 45, 47, 51, 74, and 77, (b) RFA #19, and (c) Form Interrogatories #200.6, 201.1, 201.4, 201.5, 201.6, 207.1, 214.1, 215.1, 216.1, and 217.1.1 The only requests remaining at issue are RFP #5 and # 38, RFA # 17, and Form Interrogatory # 214.2. RFP # ...
2021.10.13 Motion to Compel Arbitration 578
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.10.13
Excerpt: ... term “affecting commerce,” which is a term of art that ordinary signals the broadest permissible exercise of Congress's commerce clause power. (Citizens Bank v. Alafabco, Inc. (2003) 439 U.S. 52, 56.) Defendant bears the burden of demonstrating FAA coverage by declarations and other evidence. (Shepard v. Edward Mackay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101; Woolls v. Superior Court (20050 127 Cal.App.4th 197, 213‐ 14.) Here, t...
2021.10.13 Motion for Terminating and Monetary Sanctions 648
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.10.13
Excerpt: ...) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 156 Cal.App.3d 754, 759. On the one hand, despite arguably being aware he filed a lawsuit that would require his participation, Plaintiff Jordan has gone quiet. His silence leaves Target with no means to defending against the lawsuit. And his failure to 2 respond to his Counsel could show a lack of diligence that can equate to willfulness. On the other hand, due to Jordan going quiet, and no eviden...
2021.10.07 Motion to Compel Arbitration and Dismiss Class Claims 065
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2021.10.07
Excerpt: ...ness name for defendant. Plaintiff is mistaken. While the evidence is sparse, it is sufficient. Defendant's Human Resources (HR) manager, Esther Magallanes, submitted a declaration authenticating the arbitration agreement. (Magallanes declaration ¶ 14.)1 She declares that plaintiff “became employed by Office Star on December 9, 2016 to work as a Shipping Clerk for Office Star's Elm warehouse in Fontana.” Magallanes worked in the office that ...
2021.10.06 Motion to Set Aside Default Judgment 036
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.10.06
Excerpt: ...tiff alleges Defendants were strictly liable, or were negligent, reckless, unreasonable, and Page 2 of 8 careless in their design, manufacture, supply, installation, inspection, repair, renting, or leasing of the product. Plaintiff filed her Complaint January 27, 2021, asserting causes of action for General Negligence and Products Liability. On March 25, 2021, Canedo was personally served with the Summons and Complaint at 144 E. Arbeth Street, Ri...
2021.10.05 Demurrer, Motion to Strike 638
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.10.05
Excerpt: ...utor/trustee of the estate of Ascension Garcia (Decedent), and alleges causes of action for (1) fraudulent intentional Page 2 of 36 misrepresentation; (2) breach of contract; and (3) intentional infliction of emotional distress. The complaint alleges wrongdoing with respect to the burial of Decedent, who was Plaintiff's mother, in the wrong plot. On August 4, 2021, Defendant filed the instant demurrer and motion. DISCUSSION Statement of the Law D...
2021.10.05 Motion for Protective Order, to Compel Deposition 539
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.10.05
Excerpt: ...ROUND Plaintiff's First Amended Complaint From 2011 to 2018, Plaintiff Regina Mendoza (Plaintiff) was employed by Defendants Loma Linda University Shared Services, Loma Linda University Medical Center, and Loma Linda University Medical Center – Murrieta (Defendants). Plaintiff's job performance was exemplary, and she was repeatedly promoted, which resulted in her attaining the position of Director of SCM Purchasing. (¶¶ 13‐14, 16, 21.) Plai...
2021.10.05 Motion to Strike Punitive Damages 539
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.10.05
Excerpt: ...orm complaint alleges two causes of action: (1) motor vehicle; and (2) general negligence. Plaintiff seeks punitive damages. Plaintiff filed a first amended complaint (FAC) on August 17, 2021 alleging the same causes of action and also seeking punitive damages. On August 24, 2021, Defendant filed this motion to strike punitive damages. Discussion Defendant has moved to strike any references to punitive damages within the exemplary damages allegat...
2021.10.04 Petition to Compel Arbitration 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.10.04
Excerpt: ...Roxana Yonessi: Sustained. Declarations by the moving party's counsel as to essential facts are generally objectionable and inadmissible as hearsay, except where the lawyer somehow has personal knowledge of the facts. (Star Motor Imports, Inc. v. Sup.Ct. (Shake) (1979) 88 Cal.App.3d 201, 204.) A verification cannot be based on information and belief. (Id.; cf. Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 236 [declaration in suppor...
2021.10.04 Motions in Limine 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.10.04
Excerpt: ...ontext and applicability are important factors which the Court cannot determine by motion. Motion in Limine #11 – Exclude reference to Publicized Accounts of other sexual assault incidents: How is this different from Motion in Limine #8? As with that motion, this motion is denied. This motion is denied. It is not specific enough as to what evidence Defendants seek exclusion of. This motion requires the Court to rule in a vacuum and perhaps even...
2021.09.30 Motion to Compel Further Responses 203
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.09.30
Excerpt: ...ant's wooden deck and suffered injuries. Plaintiff alleges the following causes of action: (1) general negligence; and (2) premises liability. On March 13, 2021, Plaintiff filed an Amendment to Complaint naming Real Estate FTL as Doe 1. Now before the Court is Defendant's motions to compel further responses to Form Interrogatories, Set Two, and Request for Admissions, Set One. At issue are Form Interrogatory No. 17.1 and RFA Nos. 5 and 9. Plainti...
2021.09.30 Motion for Summary Judgment 507
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2021.09.30
Excerpt: ...Stanford University School of Medicine and the Vice Chair for the Department of Emergency Medicine at Stanford. He states he is familiar with emergency medical practices and procedures including foot injuries such as suffered by Shelton. Dr. Shen states he has reviewed Shelton's medical records and imaging studies from Adventist Health Selma (AHS) and RCH. Dr. Shen states Shelton presented to AHS' Emergency Department on July 11, 2019 for complai...
2021.09.29 Motion to Compel Arbitration 948
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.09.29
Excerpt: ... value. (See Harrott v. County of Kings (2001) 25 Cal.4th 1138, 1148.) 2 Plaintiff's Request for Judicial Notice: The Request is denied. Decisions of the six district courts are not matters the Court can judicially notice the contents of and it is unnecessary to request judicial notice of California appellate decisions which the Court can consider independent of any request for judicial notice. Motion: The motion is denied. FCA moves to compel ar...
2021.09.29 Motion for Summary Judgment 151
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.09.29
Excerpt: ...or set forth the objectionable statement or material.” Objections may be made only to evidence. California Rules of Court, rules 3.1352 and 3.1354 both state they apply to “objections to evidence,” and Code of Civil Procedure section 437c, subd. (b)(5), also refers to “[e]videntiary objections.” Separate statements are not evidence. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178, fn. 4.) Because undisputed facts in a s...
2021.09.29 Motion for Judgment on the Pleadings, for Severance of Claims, to Compel Responses 236
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.09.29
Excerpt: ...ts for production. Page 2 of 14 Plaintiff M.D.L.F., a minor by and through his guardian ad litem, Melinda Fields, (“Plaintiff”) filed this personal injury action against Defendants Morongo Unified School District (“the District” of “MUSD”), Cindy Arrowood (“Arrowood”), and Diana Fisher (“Fisher”) (collectively, “Defendants”). On September 23, 2020, Plaintiff filed a Third Amended Complaint (“TAC”), which includes seven...
2021.09.29 Demurrer, Motion to Strike 847
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.09.29
Excerpt: ...those related to the alleged medical malpractice, the Complaint also contains allegations indicating defendants were negligent in failing to properly ensure the character, quality, ability, and competence of the individuals treating patients that as a direct and proximate result, plaintiff suffered injuries. When these allegations are viewed in the context of plaintiff's claim that she should have been treated rather than discharged, a valid clai...
2021.09.29 Demurrer, Motion to Strike 845
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.09.29
Excerpt: ...llegations are not uncertain and are sufficient for purposes of demurrer. 3. Demurrer to First Cause of Action – Breach of the Implied Warranty of Habitability: The demurrer is overruled. There is no requirement in this cause of action that a landlord be given time to correct deficiencies and Plaintiff alleges notice and damages. (paragraphs 12 and 23). Knight v. Hallsthammar (1981) 72 Cal.3d 46, 55. 4. Demurrer to Second Cause of Action _ Brea...
2021.09.28 Motions in Limine 552
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2021.09.28
Excerpt: ... extent, what evidence will be presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. 2 As to any motion granted, the parties are ordered to refrain from conveying to the jury any of the evidence excluded without first obtaining permi...
2021.09.28 Motion to Strike Punitive Damages 839
Location: San Bernardino
Judge: Poncin, Lynn M S28
Hearing Date: 2021.09.28
Excerpt: ...ive First Amended Complaint (FAC) alleging the following five causes of action against defendants Lyft, Inc. (Lyft); John Doe Lyft Driver; and Alejandre: (1) Negligence (Against Lyft and John Doe Lyft Driver Only); (2) Negligent Infliction of Emotional Distress (NIED) (Against Lyft and John Doe Uber Lyft Only); (3) Negligent Hiring, Retention, Training & Supervision (Against Lyft Only); (4) Assault & Battery (Against Alejandre Only); and, (5) Int...

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