Excerpt: ...hereinafter “Hou se”) and Gustavo Moreno (hereinafter collectively “Defendants”). On November 29, 2023, the Court sustained House's demurrer to the original form complaint on statute of limitations grounds with 10 days leave to amend after Plaintiff failed to file or prese nt an opposition. (Minute Order dated November 29, 2023.) Plaintiff untimely filed his first amended complaint (hereinafter “FAC”) December 14, 20231. 1Ten days ...

Excerpt: .... Plaintiff asked the Defendants, his sister and her husband, to be on the title to the property. However, Plaintiff paid the down payment and all carrying costs such as the mortgage payments, insurance, prop erty taxes, utilities, home improvements and maintenance. Plaintiff rented the property to various tenants and alleges that Defendants never lived on the property or otherwise contributed to the property – other than being on title. On Jan...

Excerpt: ...that all the discovery – and the motions – were served by email. However, movant fails to indicate in any declaration that Defendant consented to service by email. (See Rules of Court, rule 2.251(b).) The Court will inquire at hearing regarding agreement to such servi ce. Presuming proper service, the Court would (1) deem the Requests for Admission, Set One (RFA1) as admitted; and (2) compel responses to Requests for Production, Set One (RFP1...

Excerpt: ...sts Service of process Witness Fees $435.00 $1,556.54 $25,977.70 $845.40 $71,154.75 Models, enlargements, and photocopies of exhibits $30,744.29 13 16 Interpreter fees Other (trial prep, trial transcripts, etc.) $6,200.00 $93,781.22 1 The Cou nty of San Bernardino (hereinafter “County”) moves to tax Items 5, 12,1 13, and 16 on the ground that they are either not recoverable, not reasonable in amount, or were not reasonably necessary to the co...

Excerpt: ...oduce a PMQ fo r those categories. Case Summary This is a lemon law case. The Complaint alleges that in September of 2022, Plaintiffs purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. Plaintiffs allege the vehicle developed defects rela ted to steering and braking. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiffs filed suit December 6, 2022, alleging (1) violation of Civil ...

Excerpt: ...to engage in the interactive process, (4) retaliation under FEHA, (5) retaliation under the Labor Code, and (6) wrongful termination in violation of public policy. The complaint indicates Reyes was jointly employed by Defendants from October 6, 2020 to November 25, 2020. Only 11 days after her employment began, Reyes was injured at work when she fell while cleaning a floor. Reyes returned to work, but had future therapy appointments scheduled in...

Excerpt: ...nt (hereinafter “SAC”) added Defendant Chevron U.S.A., Inc. dba Chevron Products Company (hereinafter “Chevron USA”).1 The SAC alleges 9 causes of action: (1) Disability discrimination against Chevron and Chevron USA; (2) Disability harassment against all; (3) Failure to accommodate against Chevron and Chevron USA; (4) Failure to interact against Chevron and Chevron USA; (5) Retaliation (FEHA) against Chevron and Chevron USA; (6) Failure ...

Excerpt: ...was defaulted. The Complaint alleges on February 4, 2005, Escareno executed a Note taking a loan from New Century. The Note was secured by a Trust Deed recorded against Escareno's property at 344 Baker Privad o, Ontario on February 16, 2005. Thereafter, New Century transferred the Note and Trust Deed to RRA Trust. However, it failed to record an Assignment of the Trust Deed (¶¶5 -8, Exhs. 1 -2). Plaintiff RRA Trust moves for summary judgment/ad...

Excerpt: ...our class action agai nst Defendants in Orange County Superior Court (No. 30 -2023- 01316157), alleging fairly parallel claims. On March 31, 2023, Plaintiff Santana filed her notice with the LWDA for a PAGA claim, and she filed a First Amended Complaint in Orange County Superior Court on June 14, 2023, to add that claim for civil penalties under PAGA. Then, on May 19, 2023, Plaintiff Moreno filed a second complaint in San Bernardino County Sup...

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: ...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: ... 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: ... 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: ...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: ... 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: ...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: ...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: ...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, ...