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1617 Results

Location: San Bernardino x
2023.11.15 Motion for Summary Judgment, Adjudication 597
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.15
Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...
2023.11.15 Motion for Summary Judgment, Adjudication 759
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.15
Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...
2023.11.14 Motion to Strike 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.14
Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...
2023.11.14 Demurrers 287
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.14
Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...
2023.11.14 Demurrer, Motion to Strike Punitive Damages 704
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.14
Excerpt: ...a claim for fraudulent concealment are: "(1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose that fact to the plaintiff; (3) the defendant Page I 2 intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if she had known of the concealed or suppressed fact; and (5) plaintiff sustained damages...
2023.11.14 Demurrer 111
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.14
Excerpt: ...ide employees with the quota in writing, as required by Labor Code sections 2101 and 2102. The quotas also purportedly interfered with the employees' rest periods. As a result, Zamores commenced the underlying PAGA action against Ryder on July 28, 2023. The complaint contains one cause of action for violation of Labor Code sectons 2101 and 2102 and a second cause of action for PAGA penalties. The complaint further indicates Zamores worked as a fo...
2023.11.13 Special Motion to Strike 475
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ...o the Ethereum was held on a USB device called a "ledger." The ledger stores private keys for each cryptocurrency. Plaintiffs allege that, in November of 2021, they wanted to sell 110 of their Ethereum. Since these are sensitive transactions, they reached out to Defendants, who were friends that could help them. On November 17, 2021, Plaintiffs went to Defendants' home to conduct the transaction. Plaintiffs allege that one Defendant noted the lar...
2023.11.13 Motion to Strike Punitive Damages 990
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.11.13
Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...
2023.11.13 Motion for Final Approval of Class and PAGA Action Settlement 322
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ... (6) timeliness of pay; (7) accurate wage statements; and (8) unfair competition law. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil #nalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on February 28, 2023, the parties eng...
2023.11.13 Demurrer, Motion to Strike 278
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.13
Excerpt: ...he child abuse and neglect reporting act; (2) negligence; (3) breach of duties arising under a special relationship; (4) professional negligence; and (5) medical malpractice. The causes are alleged to arise out of events subsequent to Plaintiff's presentation as a patent to Defendant Hospital on or about October 2, 2020, relating to a religion-based declining of certain treatment protocol and an alleged failure on the part of Defendants to follow...
2023.11.13 Application for Writ of Attachment 894
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.13
Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...
2023.11.09 Demurrer 918
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.09
Excerpt: ...rd was in the file. Its contents were a concealed book insofar as the consideration of the demurrer was concerned."].) As to the Demurrer: The Court would SUSTAIN. However, the Court would grant 30 days' leave to amend to allow Plaintiff an attempt to address the statute of limitations issues noted infra. Case Summary This is essentially an action for retroactive enrollment in CalPERS medical plan. Plaintiff retired per disability from her state-...
2023.11.09 Anti-SLAPP Motion to Strike, Demurrer 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.09
Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...
2023.11.09 Motion for Leave to File Supplemental Complaint 655
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.09
Excerpt: ...aint pleads 2 causes of action: (1) retaliation and (2) failure to prevent. The Complaint alleges that DSH employed Villalpando as a police sergeant with the Patton Police. In 2018-19, he was assigned as the training sergeant during the day shift. On December 18, 2018, Patton Police Officer Jenna Trejo filed an administrative complaint for harassment. Villalpando was interviewed during the investigation and testified as a witness favorable to Tre...
2023.11.09 Motion for Attorney Fees 857
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.09
Excerpt: ...,458.28. GM opposes on the grounds that the fees requested are unreasonable since the tasks performed were routne and "recycled" from prior cases or the tasks were unnecessary to the litigation. Any fees related to the fraud claim would also be improper according to GM. Overall, GM contends the fees should be no more than $31,773. Hourly Rates. With regard to reasonableness of the rates requested, the lodestar is determined by reviewing the "prev...
2023.11.09 Motion for Leave to File FAC 912
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.09
Excerpt: ... minimum wages: (3) meal periods; (4) rest breaks; (5) waiting tme penalties; (6) accurate wage statements; as well as (7) violation of the unfair competition law; (8) penalties pursuant to Section 210; (9) penalties pursuant to Section 226.3; (10) penalties pursuant to Secton 558; (11) penalties pursuant to Section 1197.1; and (12) civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, in Riverside County, plaintiff...
2023.11.09 Motion to Compel Arbitration 898
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.09
Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...
2023.11.08 Motion to Transfer and Consolidate 200
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.08
Excerpt: ...ameda County action (Jonathan Bullinger v. The Finish Line, Inc. (Case 23CV038515)) is transferred to San Francisco and that action is consolidated with this action (CGC-23-605200) for all purposes. All future filings shall be under case number CGC-23-605200. While plaintiff s dismissal of several of his Labor Code claims in this case reduces the overlap, there remains overlap regarding the enforceability of the parties arbitration agreement. Tha...
2023.11.08 Motion for Attorney Fees 005
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.08
Excerpt: ...n (l), allows for the recovery of attorney fees associated with litigation compelling an employer to comply with its obligation to produce the personnel file. Plaintiff also contends that he can recover attorney fees under Labor Code section 432.6, subdivision (d),l which provides a court may award reasonable attorney fees to a prevailing plaintiff who enforces his rights under this section. An employer is precluded from requiring as a condition ...
2023.11.08 Demurrer 775
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.08
Excerpt: ...ewage backup -nto the insured's home. On April 25, 2023, the Plaintiff filed this instant suit against Defendants City, NPL and Federal Insurance Company. Defendant City filed the instant demurrer in response on July 28, 2023. Statement of Law A demurrer challenges defects that appear on the face of the pleading, which includes incorporated exhibits, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 c...
2023.11.07 Motion to Compel Further Responses
Location: San Bernardino
Judge: Ochoa, Gilbert G S24
Hearing Date: 2023.11.07
Excerpt: ...74, among other cases cited in Plaintiffs Moving Papers; (2) The specific defects that affected the Subject Vehicle, including: a. Transmission Defects (Request Nos. 7-17); b. Engine Defects (Request Nos. 18-28); Page 2 c. Electrical Defects (Request Nos. 29-39); and, d. Structural Defects (Request Nos. 40-50) (Subject Vehicle Discovery). GM's Opposition: GM asserts that Plaintiff's motion to compel should be denied on the merits. GM argues that ...
2023.11.06 Motion to Compel Additional Deposition Testimony 256
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.06
Excerpt: ...iff sustained severe injuries to his shoulder, neck, left elbow and back. Plaintiff's deposition was taken on June 29, 2020 by Defendant. On October 4, 2023, Defendant filed his Motion to Compel an Additional Deposition of Plaintiff. Plaintiff opposed and Defendant replied. "Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action." (Code Civ. Proc., S 2025.010; see Code Civ. Pr...
2023.11.06 Motion for Protective Order to Exclude Expert Witnesses, Request to Set Compensation of Experts 897
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.11.06
Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...
2023.11.06 Motion for Preliminary Approval of Class Action Settlement 282
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2023.11.06
Excerpt: ...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 through trial, the amount offered in settle...
2023.11.06 Motion for Leave to File SAC 658
Location: San Bernardino
Judge: Lee, Corey G S37
Hearing Date: 2023.11.06
Excerpt: ...om disputes surrounding a former joint business venture and alleged fraudulent transactions that occurred from approximately 2018 through December, 2019. Default was entered against defendants on September 10, 2020. At a Trial Setting Conference on December 1, 2020, Plaintiffs' counsel advised the court they were preparing a 585 packet. Plaintiffs subsequently filed their first amended complaint ("FAC") the following day on December 2, 2020 asser...

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