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1617 Results

Location: San Bernardino x
2023.10.24 Discovery Motions 851
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.24
Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...
2023.10.24 Demurrer to TAC 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...
2023.10.23 Motion for Fees and Costs 407
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.23
Excerpt: ...mpromise, filed November 20, 2020, In re Donald Ray Paulson, supra (RJN Exh. B); • Docket for Saunders v. Paulson, Ap#llate Case No. D0751921, with underlying civil Case No. CIVDS1828407 (RJN Exh. C). There is no opposition to the request. The Court will grant Defendant's request and take judicial notice of the existence of court filings RJN Exhibits A and C, and take judicial notice of the Bankruptcy Court order RJN Exhibit B. Analysis With he...
2023.10.23 Demurrer, Motion to Strike 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.23
Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...
2023.10.23 Demurrer, Motion to Strike 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.23
Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...
2023.10.23 Demurrer to TAC 647
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.23
Excerpt: ...e not necessary to dispose of Defendants' demurrer. Demurrer: The demurrer to the First Cause of Action is sustained, without leave to amend. The cause of action is barred by the two year statute of limitations. (See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 750; Kent v. Cal. DeVt of Consumer Affairs (E.D. cal. June 28, 2011) 2011 U.S. Dist. LEXIS 69676, at *9; Thomas v. Sonoma county (N.D. cal. July 21, 2013) 2013 U.S. Dist. LEXIS 102...
2023.10.23 Demurrer 703
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.23
Excerpt: ...sability is unable to perform his/her essential duties even with reasonable accommodations or cannot perform those duties in a manner that would not endanger others even with reasonable accommodations. (Gov. Code S 12940, subd. (a) Further, under California Government Code section 12926, subdivision (m), physical disability is defined as: "(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that d...
2023.10.23 Application for Writ of Attachment 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.23
Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...
2023.10.20 Motion for Leave to File SAC 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.20
Excerpt: ...iffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...
2023.10.19 Demurrer 098
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.19
Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...
2023.10.19 Motion for Judgment on the Pleadings 150
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.19
Excerpt: ...tention that under cases such as Williams v. Horvath (1975) 16 Cal.3d 834, 838 (Williams), and State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240 (Bodde), sovereign immunity only is waived if the requirements of the Government Claim Act, including compliance with the claim presentation requirement, are met. It argues that the claim presentation requirement is a substantive element for a cause of action against a public ent...
2023.10.19 Motion for Reconsideration 710
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.19
Excerpt: ..., LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the Page | 2 licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint and wr...
2023.10.19 Motion for Summary Judgment 755
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.19
Excerpt: ...mplied in fact; (3) common count - money lent by plaintiff to defendant; (4) common count - money paid, laid out, and expended to or for defendant at defendant's special instance and request; (5) common count - open book account; and (6) common count - account stated. Wells Fargo seeks to recover $5,193.72 in damages. Wells Fargo filed the pending motion for summary judgment. The original August 7, 2023 hearing date was continued to October 19, 2...
2023.10.19 Motion to Strike Punitive Damages 752
Location: San Bernardino
Judge: Frangie, Janet M S29
Hearing Date: 2023.10.19
Excerpt: ...inadequate service or notice of motion]; See also Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of moton"].) The motion is granted, with thirty (30) days leave to amend. In the alternative, should Plaintiff decide not to amend at this time, the motion i...
2023.10.18 Motions to Compel Further Responses 677
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.18
Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...
2023.10.18 Motion to Contest Good Faith Settlement Determination 105
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.18
Excerpt: ... as to why the untimeliness of this motion was not addressed. However, the Court is not limited as by this oversight. 1 The moton in this case was filed 25 days after the application was mailed and e-mailed. The timeliness of the motion is not raised in the opposition. The Initial Burden Martinez and FedEx filed an application for good faith settlement indicating there was a settlement with Du for $12,500. The non- monetary term involves the rele...
2023.10.18 Demurrer, Motion to Strike 692
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.18
Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...
2023.10.18 Demurrer 892
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.18
Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...
2023.10.18 Demurrer 149
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.18
Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...
2023.10.17 Motions to Compel Further Responses 677
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.17
Excerpt: ...upported by 5 hours total time in furtherance of the motions). Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative Firs...
2023.10.17 Motion for Final Approval of Class and PAGA Settlement 260
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.10.17
Excerpt: ...rtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) reimbursements; (8) wage payment timing; and, individually, for (9) constructive discharge/ adverse employment actions. On March 22, 2023, pursuant to stipulation, Plaintiff filed a First Amended Complaint (FAC) that consolidated a Private Attorneys General Act (PAGA) complaint. After commencing litigation, the parties informally exchanged policy and payroll documents and other in...
2023.10.17 Motion for Attorney Fees and Prejudgment Interest 802
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.10.17
Excerpt: ...ion claiming he spent 49.1 hours on the case at per hour, with the time broken down by task. (Morris Decl., "6-7.) The rate and time spent appear reasonable and are not challenged. Instead, in opposition, Defendant argues recovery should have been pursued through the Worker's Com#nsation Appeals Board. Labor Code section 3502, subdivision (a), provides in part: "Where the conditions of compensation set forth in Secton concur, the right to recover...
2023.10.17 Demurrer, Motion to Strike 359
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.10.17
Excerpt: ...EHA — Discrimination; (3) FEHA — Nonjob Related Inquiry; (4) FEHA — Retaliation; (5) FEHA — Failure to Prevent Harassment, Discriminaton and/or Retaliation; (6) EEOC — Harassment; (7) EEOC — Discrimination; (8) EEOC Retaliation; (9) Labor Code S 203; (10) Labor Code S 98.6; (11) Labor Code S 1102.5; (12) Violation of California Constitution; (13) Intentional Infliction of Emotional Distress; (14) Negligence; and (15) Breach of Mandato...
2023.10.17 Demurrer to FAC 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.17
Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...
2023.10.12 Motion to Strike Punitive Damages, to Strike FAC 392
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.10.12
Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...

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