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243 Results

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Location: San Bernardino x
Judge: Ortiz, Joseph T S17 x
2024.03.15 Motion for Preliminary Approval of Class Action Settlement 220
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.15
Excerpt: ...e settlement is fair, adequate and reasonable.” (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 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 likel...
2024.03.12 Motion to Tax Costs 671
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...e accident by running a red light and sought monetary damages at trial. Defendant contested the nature and extent of Plaintiff's claimed injuries and damages. Relevant here, Defendant served Plaintiff an offer to compromise pursuant to Section 998 of the Code of Civil Procedure on March 16, 2023. That offer sought to resolve the matter for $50,001. Plaintiff did not accept that offer and the matter proceeded to a jury trial. As a result, on Febru...
2024.03.12 Motion to Dismiss 818
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.12
Excerpt: ...ees, missing items, un paid laundry use, legal and office expenses, travel time[,] gas and expenses to Court, postage, etc., as well as for Malice, Abuse, Libel, Slander, Defamation, Nuisance 1161(4) 4 [and] Conspiracy to Defraud.” (Compl., 1:22 -24.) Defendant Scott filed a “M oti on to D i s mi ss” o n D ec emb er 22, 203, and the pro per Defendants all filed general denials on February 6, 2024. The “Motion to Dismiss” is also writt...
2024.03.11 Motion for Preliminary Approval of Class Action Settlement 382
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ....4th 116, 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 ...
2024.03.11 Demurrers to TAC 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.11
Excerpt: ...ation. Plai ntiff will have thirty days to leave to amend. Case Summary This is an insurance coverage dispute. Plaintiffs are married homeowners. Defendants Bamboo and Catlin are insurers. Other defendants are various adjusters and administrators for the atissue claim . Plaintiffs maintained a policy with Defendant Catlin for the period March 2, 2020, through March 2, 2021. Plaintiffs allege Defendant Bamboo is co -insurer or alter ego of Defenda...
2024.03.06 Motion for Summary Judgment 275
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.06
Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...
2024.03.04 Motion for Final Approval of Class Action Settlement 420
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.03.04
Excerpt: ...(2) minimum wag es; (3) meal periods; (4) rest breaks; (5) final pay; (6) accurate wage statements; as well as (7) violation of the unfair competition law. By October 26, 2022, Plaintiff had filed his First Amended Complaint (FAC) to add a claim for civil penalties under the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non -exempt employees working in California during the statutory period. (FAC, ¶22; compare Settleme...
2024.02.27 Motion to Deem RFAs Admitted 576
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.27
Excerpt: ...e the General Manager of the project. PETI delegated many of its duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for the purchase of a pre -engineered steel 3 building from Defenda nt 98 Leaf dba “Flex Plus”. While Plaintiff made various deposits in satisfaction of its obligations and served Flex Plus with a demand for assurances to obtain the status of m...
2024.02.27 Motion for Final Approval of Class Action Settlement 282
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.27
Excerpt: ...Private Attor neys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of current and former nonexempt workers in Defendant's California operations from April 21, 2018 through September 17, 2023. (Settlement, ¶¶6 [“C lass”] & 10 [“Class Period”].) The PAGA period would be a year from the LWDA filing. After commencing the litigation, the parties engaged in discovery, with Defendant p...
2024.02.26 Motion for Preliminary Approval of Class Action Settlement 480
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.26
Excerpt: ...App.4th 116, 1 26; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this 3 determination.” (In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s trength 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 ...
2024.02.23 Demurrer to SAC 176
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...ement for thre e (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as “Phelan Self -Storage”). (SAC, ¶32.) The storage units were necessary to store “personal property,” including various family heirlooms. The units were being paid by automatic withdraw al from an account jointly owned by Plaintiffs' grandmother; their mother; and their aunt, Defendant Sheli Young. On or about January 16, 2021, Plaintiffs' mother passe...
2024.02.23 Demurrer, Motion to Stay 178
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...ative action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff alleges she worked for Defendants as a non- exempt Parts Sales Manager from 2019 to 2022. (Compl., ¶10.) On August 3, 2023, Plaintiff filed her PAGA action alleging violatio ns relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) final pay; (6) wage statement requirements; (7) reimbursements; (8) vacation pay; and (9) the provision of a...
2024.02.23 Motion for Sanctions 277
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.23
Excerpt: ...Summary T his is a real estate dispute. Plaintiff owns property within a shopping center. Defendants also have interests in that center. The shopping center is subject to a declaration of restrictions and reciprocal easements that are binding on all parties. Plainti ff alleges that Defendants interfered with Plaintiff's property rights. For example, Plaintiff alleges that Defendants imposed time limits on certain parking spots, locked access to t...
2024.02.13 Motion for Preliminary Approval of Class Action Settlement 331
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.13
Excerpt: ...4th 116, 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 plainti¯s case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount o...
2024.02.13 Motion for Final Approval of Class Action Settlement 742
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.13
Excerpt: ...n November 2, 2020, Plainti¯ sought to represent all non-exempt current and former employees in California during the stator period. Plainti¯ served the LWDA with a notice of violations, and Þled a 3 Private Attorneys General Act (PAGA) complaint on January 11, 2021. The two matters were consolidated on November 15, 2021. After commencing litigation, the parties informally exchanged policy and payroll documents and other information su¯ici...
2024.02.07 Motion to Compel Arbitration and Strike Class Claims, for Joinder 354
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.07
Excerpt: ... a wage-and-hour class action. Plainti¯ alleges he worked or Deendants Changing Lives Sta¯ing (a sta¯ing company) and Nongshim (a ood manuacturing company) as a non-exempt employee until December 10, 2022. On May 11, 2023, he Þled suit seeking to represent all similarly situated non-exempt, hourly employees working or D e e n d a n t s i n C a l i o r n i a d u r i n g t h e s t a t u t o r y period. His suit alleges violations rela...
2024.02.06 Motions for Final Approval of Class Action Settlement 540
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.06
Excerpt: ...emoval. A certiÞed copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case. (28 U.S.C. § 1447(c) [emphasis added].) 3 add two additional representative plainti¯s2 and to allege class claims for (1) wage violations; (2) wage statement violations; (3) waiting time penalties; (4) failure to reimburse; (5) FLSA minimum wage violations; (6) unfair competition in...
2024.02.01 Motion to Compel Further Deposition Responses 978
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.01
Excerpt: ...respond to Question 5. She is also ordered to serve an objection-free response to RFP 6 within Þfteen (15) days. However, she need not respond to RFP 14. The Court would further GRANT sanctions. Plainti¯ will pay Defendant JBGC $1,500, within thirty (30) days. 3 Relevant Facts This matter is, in essence, an emotional distress claim. After Plainti¯s' minor daughter passed, they sought casket and funeral services from Defendants. They allege t...
2024.02.01 Motion for Final Approval of Class Action Settlement 721
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.02.01
Excerpt: ...s; (3) meal periods; (4) rest breaks; (5) Þnal pay; 5 (6) wage statements; as well as for (7) violation of the unfair competition law. Plainti¯ also sent a letter to the LWDA in order to perfect her Private Attorneys General Act (PAGA) claim, and on August 17, 2022, she Þled a First Amended Complaint (FAC) to add an additional cause for (8) civil penalties available pursuant to PAGA. On April 12, 2023, Plainti¯ Þled a Second Amended Compla...
2024.01.31 Motion for Order that No Discretionary Stay be Issued 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.31
Excerpt: ...ntive programs to lower their tax burdens. It asserts that it maintained trade secret, proprietary, and conÞdential systems to further its business. It further alleges that it hired Defendant Gan on April 9, 2018, via a Membership Admission Agreement and that, despite contractual obligations to maintain the conÞdentiality of those systems, Defendant Gan accessed and copied company Þles and secretly applied for employment at Specialty Tax Group...
2024.01.30 Motion to Stay Action 261
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ... action. Plainti¯ alleges a variety of wage-and-hour violations which allegedly occurred during his employment for Defendant. On January 25, 2019, Defendant removed this matter to the federal District Court. On June 11, 2019, Plainti¯ Þled his operative First Amended Complaint (FAC), which alleges violations relating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) Þnal pay; (6) maintenance of required record...
2024.01.30 Motion to Quash Service of Summons 175
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ...hicle was sold to Defendant Kheterpal and that he was not paid any portion of the sales price. He alleges that he did not learn of the sale until midFebruary 2021. Despite promises to pay, he alleges the sales money was never provided. On that basis, he reported the vehicle stolen on March 1, 2021. The vehicle was thereafter retrieved at Defendant Kheterpal's residence. Plainti¯ asserts damage while in Kheterpal's possession and necessary repai...
2024.01.30 Motion to Consolidate Cases 911
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.30
Excerpt: ... actions. In the Ruiz matter, the proposed class includes all of Defendant Bright Sky's hourly, non-exempt employees for statutory period of four years prior to Þling. Ruiz Þled suit on August 15, 2022, alleging violations related to (1) minimum wages; (2) overtime; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) Þnal pay; (7) wage statements; as well as claims for (8) violation of the unfair competition law, and (9) civil penalties...
2024.01.22 Motion for Preliminary Approval of Class Action Settlement 782
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.22
Excerpt: .... 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 settlement, the e...
2024.01.22 Motion for Final Approval of Class Action Settlement 313
Location: San Bernardino
Judge: Ortiz, Joseph T S17
Hearing Date: 2024.01.22
Excerpt: ...reaks; (4) minimum wages; (5) final pay; (6) untimely pay; (7) wage statements; (8) recordkeeping; (9) reimbursements; as well as (10) violation of the unfair competition law. Later, and separately, Plaintiff Navarro filed his own wage- and-hour complaint on December 14, 2021, alleging the same causes of action. On September 28, 2022, the matters were consolidated pursuant to stipulated order. After commencing litigation, the parties informally e...

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