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Judge: Driscoll, David E 22 x
2023.05.10 Motion for Protective Order, to Compel Deposition 786
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.10
Excerpt: ...ud, and violation ofthe Unruh Act. The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses üJgan Construction for the...
2023.05.10 Demurrer, Motion to Strike 786
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.10
Excerpt: ...ud, and violation ofthe Unruh Civil Rights Act ("Unruh Act"). The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses ...
2023.05.09 Motion to Quash, for Sanctions 296
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.05.09
Excerpt: ...r breach of contract, common counts, conversion (or 5 claims total, one as to each project), and unfair competition (the 7th cause of action). Through the course of discovery, Plaintiff, Golden State, served a records upon Liberty Mutual Insurance Company (Liberty). According to Golden State, the seeks documents related to (1) the two projects; (2) Tate's claim he had no money to pay Golden State for the projects because Allen was winding down it...
2023.04.24 Motion for Summary Judgment 009
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.24
Excerpt: ...nd (5) Negligent Misrepresentation [as to Giant only]. Plaintiff alleges that on or about August 8, 2021, she and her husband went to Giant's retail location in Montclair, California to consider the purchase of a motor home. After talking to one sale representative about their needs and intended use of a motor home, Plaintiff and her husband left and returned the next day. They talked to the same sale representative, and he introduced them to his...
2023.04.21 Demurrer to Petition for Writ of Mandate 787
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.21
Excerpt: ...l back pay and benefits, and reimburse her for attorney's fees related to this action. On February 7, 2022, the Court (Judge Arreola) sustained the District's demurrer to Kammeyer's petition with leave to amend. 2) Demurrer Sustained to Kammeyer's First Amended Petiton for Writ of Mandate On March 1, 2022, Kammeyer filed her verified First Amended Petitoner (FAP) for writ of traditional mandate (Code Civ. Proc., S 1085) or administrative mandate ...
2023.04.19 Demurrer, Motion to Strike 090
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.19
Excerpt: ...(4) violation of Health & Safety Code secton 13007, (5) violation of Public Resources Code section 4421, (6) violation of Public Resources Code section 4435, (7) negligent infliction of emotional distress, (8) loss of consortium, and (9) negligent interference with prospective economic advantage. As for the underlying allegations, plaintiffs contend that Gentry was operating an excavator on August 25, 2021, on 1-15 Log-stics's property located at...
2023.04.13 Motion to Set Aside Default 787
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.13
Excerpt: ...ustee of the Donald and Barbara Atkinson Revocable Trust dated 8/23/1994; Richard Lee Atkinson (Richard); All Persons unknown Claiming a Legal Interest in the Real Property Commonly Described as 16586 Paine Street, Fontana, California 92336; and DOES 1 through 50, inclusive: (1) Receivership Against All Defendants; (2) Public Nuisance Against All Defendants; and, (3) Nuisance Per Se Against All Defendants. On November 12, 2022, the City filed a P...
2023.04.05 Motion for Summary Judgment 061
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.05
Excerpt: ...dant's request, and for a loan extended at Razo's request. On May 6, 2022, Razo filed an answer admitting three (3) paragraphs and generally denying all other allegations. She also asserted two (2) affirmative defenses. On November 22, 2022, Discover filed this motion for summary judgment. Razo has not filed opposition as of April 4, 2023. DISCUSSION: Although summary judgment might no longer be considered a "disfavored" procedure, the rule conti...
2023.04.04 Demurrer 266
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.04.04
Excerpt: ...ged Defendants City of Ontario ("the City") and County of San Bernardino allegedly knew about the fireworks and failed to protect the public. In particular, several 911 calls had been made to the City for the past three years about the fireworks and the City failed to reasonably investigate or inspect the property. Plaintiffs also alleged that the ATF ignited the remaining ammunition and fireworks, which the County failed to stay for, which then ...
2023.03.30 Motion to Compel Further Responses, for Sanctions 887
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.30
Excerpt: ...Merchantability. On June 8, 2021, Plaintiff served his Requests for Production of Documents, Set One, on GM. On July 6, 2021, GM served unverified, objections and responses. GM refused to supplement the responses, despite the parties' meet confer efforts. On August 18, 2021, Plaintiff filed a Mohon to Compel GM's Further Responses to Requests for Production of Documents, Set One, which GM opposed. On February 25, 2022, the Court heard and granted...
2023.03.30 Demurrer 986
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.30
Excerpt: ...chattels [work tools, mobile home, fiat-bed trailer); and (8-9) conversion ["doom buggies" and Razor off-road vehicle. Ostensibly, Plaintiff means "dune buggies." But for purposes of this statement, the Court will adopt Plaintiff's use of "doom buggies." l.) Plaintiff alleges the follow-ng: In 2020, after four years of marriage to Plaintiff, Defendant filed a dissolution of marriage action. (Compl. 4.) On July 15, 2022, Defendant appeared at Plai...
2023.03.29 Application for Preliminary Injunction 786
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.29
Excerpt: ... complaint. While difficult to follow, the complaint indicates Broussard is a sole proprietor that leases unit 02-150 in Lake Arrowhead Village (the Village). Defendant, which one it is unclear, purchased the Village in 2019 with the stated intent of making improvements, addressing restorative deferred maintenance, and providing tourists with a "welcoming place." (Compl. at p. 2.) At the time of plaintiff's lease, Unit 02-150 was in dire need of ...
2023.03.24 Application for Relief from Order Denying Motion for Leave to File Cross-Complaint 092
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.24
Excerpt: ...on March 24, 2023. This action was commenced on September 28, 2020 by Plaintiff Luoshan International, Inc. ("Plaintiff" or "Luoshan") asserting causes of action for (1) breach of contracts; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) Cal. Bus. & Prof. Code, 517200. The Complaint seeks recompense for the breaches of contract Defendant eGreen committed in failing to pay invoices. Plaintiff Luoshan is a California company...
2023.03.17 Demurrer 449
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.17
Excerpt: ...aintiffs leave to amend. On October 17, 2022, Plaintiffs Celia Espinosa and Eduardo Espinosa ("Plaintiffs") filed the operative First Amended Complaint ("FAC"). According to the FAC, on October 14, 2020, Plaintiffs leased a new 2020 Honda CR-V, with express and implied warranties from Honda. (FAC, '1 8.) Defendant American Honda Motor Co., Inc. ("AHM") breached the express and implied warranties because the vehicle suffered from serious defects a...
2023.03.13 Motion for Summary Judgment 686
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.13
Excerpt: ...(6) constructive discharges; and (7) unlawful/unfair business practices. Plaintiff was a hazardous materials worker employed by defendant Berkley, involved in the abatement of asbestos, lead, and other environmental clean-up. Defendant Berkley seeks summary adjudication of the issue of constructive discharge attendant to the sixth cause of action of the complaint. During the course of discovery, the plaintiff has raised the contentions, among oth...
2023.03.10 Motion for Summary Judgment 688
Location: San Bernardino
Judge: Driscoll, David E 22
Hearing Date: 2023.03.10
Excerpt: ..., (6) failure to prevent discrimination and retaliation, and (7) wrongful termination. Defendants' Motion for Summary Judgment Now, through the pending motion, defendants seek summary judgment, or in the alternative summary adjudication, on the grounds that Flores cannot establish his prima facie case; there was a legitmate business reason for the termination; and Flores was fully accommodated. The facts presented with the motion indicate TiVa cu...

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