Excerpt: ...ed. An affidav it that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would b e admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second ha...

Excerpt: ...here are no triable issues of fact as to Plaintiffs' first, second, third and fourth causes o f acti on. First Cause of Action for Adult Abuse and Negl ect Page | 1 The elemen ts of a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the Act) are: (1) defendant had a substantial caretaking or custodial relationship with plaintiff/decedent, involving ongoing responsibility for plaintiff's basic needs, which an able -...

Excerpt: ... overnight delivery, the required 75 -day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code Civ. Proc., §437c, (a)(2)(3)). There are two defects that prevent the Motion for Summary Judgment (hereinafter “MSJ”) from being adjudicated on its merits. First, e -service was done 75 days plus 2 court days before th...

Excerpt: ... Case Summary This case is, essentially, for trade secret misappropriation and intentional interference with economic relations. In short, Plaintiff is an insurance agency. The individual Defendants were workers at the agency. In September of 2022, the then sole owner o f Plaintiff passed away, leaving the business to his heirs. It was during this transfer of ownership that the current owners learned that the individual Defendants had formed thei...

Excerpt: ..., deter future on es, 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 LW DA 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, adeq...

Excerpt: ...of the California Code of Civil Procedure. A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. ( Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law, and may consider exhibi...

Excerpt: ...acturer. Plai ntiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warran t y, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also alleges v...

Excerpt: ...o take break s as needed. Case Summary This is a personal injury case. Plaintiff asserts that a traffic accident on September 11, 2021, was caused when Defendant Liu fell asleep while driving. Plaintiff, a construction worker working on foot, was struck in the ensuing accident. Plaintiff filed suit on June 29, 2022, alleging (1) motor vehicle; and (2) general negligence. Notably, Plaintiff claims orthopedic and brain injury, with cognitive and b...

Excerpt: ...nuary 2021. During the course of the relationship, in or around May of 2018, Plaintiff negotiated and purchased the subject property and put her name solely on the title. However, Defendant claims an ownership interest in the property based at least in part on a Right of First Refusal to Purchase” he filed in July of 2021. Plaintiff initially filed this action on October 15, 2021 to quite the title. On December 3, 2021, Defendant filed a Cro...

Excerpt: ... Jeannette Fuent es. Plaintiff contends that his brother, Richard Tafoya (hereinafter “Richard”), agreed to secure housing for his daughter Tammy Tafoya (hereinafter “Tammy”). Under the agreement, Richard promised to place title to the Apple Valley property in his name a nd in return Plaintiff would pay all the mortgage payments, taxes, HOA and maintenance fees, and insurance premiums. The intent was for Richard to take the legal title, P...

Excerpt: ...2, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects related to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs fi led suit December 6, 2022, alleging (1) violation of Civil Code, section 1793.2(d); (2) violation of Civil Code, section 1793.2(b); (3) violation of Civil Code, section 1793.2(a)(...

Excerpt: ...uto Manufacturer. Plaintiffs allege the vehicle developed defects related to brakes, steering control buttons, the infotainment system, back- up camera, blind-spot monitoring sensors and the reduced power mode. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit on August 29, 2023, alleging breach of express and implied warranties under the Song -Beverly Consumer Warranty Act. The Complaint also all...

Excerpt: ... this is a br each of fiduciary duty case. Plaintiffs own one unit of a triplex that is subject to the Covenants, Conditions, and Restrictions (CC&Rs) of Defendant Lake Chalet Homeowners Association (HOA). Plaintiffs assert that Defendant HOA violated the CC&Rs and rel evant Bylaws by failing to maintain and repair common areas; not maintaining proper financial records; allowing Defendants Prine to make unilateral decisions concerning the devel...

Excerpt: ...le 8.) Tent ative rulings for each law & motion will be posted on the internet (https://www.sb -court.org) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the Judicial Assistant. You may appear in person at the hearing but personal appearance is not required. (See www.sbcourt.org/general...

Excerpt: ...D On October 30, 2020, InvestorsAlly, Inc. filed a breach of contract action against Defendants Marvin Lindholm and Marina Resort, Inc. (“Marina Resort”) (CIVSB2025501). Plaintiff successfully moved for an order compelling arbitration. On December 2, 2022, Arbitrator L inda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied Plaintiff's claims and awarded $116,967.54 in attorney fees and costs to Defendants...

Excerpt: ...Plaintiff is a contractor and alleges that, on or about October 2, 2020, it entered into a written agreement to perform repairs on a property for Defendant. There were subsequent additions and modifications to the contract. Plaintiff alleges that it finished all necess ary work and met all its obligations under the contract, but remains unpaid on a large portion of the agreed -upon amount. As such, it filed a mechanic's lien on July 20, 2022, ...

Excerpt: ... Court would DENY, without prejudice. Case Summary This is an individual and representative1 wage -and -hour case. In essence, Plaintiff alleges that, as an employee of Defendant, she and other employees were shorted wages; did not received proper meal -and -rest periods; were not properly reimbursed for cell phone usage; were not properly paid overtime; and were not paid for work during non- work time. She asserts that after she made complaints,...

Excerpt: ...ario Lalama and Noemi Lalama (hereinafter “The Lalmas”) filed their original Complaint against defendants, Emmanuel Jonathan Sanchez, City of Fontana, and A&A Auto Sales alleging causes of action for negligence and dangerous condition of public property. Subsequently , The Lalmas filed several amendments to the Complaint naming: (a) Ahmad Salamah as “Doe 1”; (b) Roy L. Tyra as “Doe 2”; (c) The Tyra Family Trust as “Doe 3”; (d) L...

Excerpt: ... Judge Carl os M. Cabrera This court follows California Rules of Court, rule 3.1308(a) (1) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb -court.o rg) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtai...

Excerpt: ...d. An affidavi t that fails to meet both of these criteria must be disregarded in summary -judgment proceedings.” (49 C.J.S. Judgments § 333.) “In the context of summary judgment proceedings, the required personal knowledge of an affiant is that based on facts as would be admissible in evidence, not mere conclusions, meaning personal knowledge based on what the affiant actually saw or heard, as opposed to what the affiant learned second hand...

Excerpt: ...ess of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966 -967.) However, the Court does “not accept as true co ntentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California ...

Excerpt: ...t”) which represented tha t the vehicle had not been in any accidents and had no existing mechanical issues. Moss answered on December 20, 2022. Defendant FCA US, LLC answered on February 1, 2023. At the Trial Setting Conference on February 21, 2023, the parties, upon no objectio n, were ordered to mediation, to be completed by January 23, 2025. Both sides have engaged in the discovery process. Plaintiff filed four Motions to Compel Further Re...

Excerpt: ...or file a new memorandum of costs in compliance with rule 3.1700 of the Rules of Court. Case Summary This is limited collections matter. Plaintiff filed a judicial council form complaint on July 25, 2023, alleging causes for (1) breach of contract (written); (2) breach of contract (implied in fact); (3) -(4) common counts (money lent, paid and expended for defendant); and (5) -(6) common counts (open book & account stated). The complaint seeks ...

Excerpt: ... to amend. Case S ummary This is a breach of contract, business dispute. The Plaintiff is the trustee of his father's trust and brings the suit in that capacity. His father is deceased but is alleged to have been a medical practitioner who owned a clinic. He alleges that, a fter his father passed on July 5, 2021, he acted in his capacity as trustee to try and sell the clinic to Defendant Best Health. Defendants Correa and Gutierrez were ostensibl...

Excerpt: ..., 2021, Plaintiff checked himself in to Defendant's facility located at 239 West 9th Street, Upland California 91786 (the Facility). At the time he checked in, Plaintiff had an undiagnosed perforated ulcer, which rapidly became worse during his residency at the Facility. Plaintiff's condition became so painful and incapacitating that he was unable to provide for his own basic needs, including seeking medical care. Despite numerous pleas for help ...