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Judge: Raphael, Tony R17 x
2023.12.18 Demurrer, Motion to Strike to SAC 697
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.18
Excerpt: ...repair the vehicle within a reasonable number of attempts. GM also allegedly failed to provide a replacement or restitution. As a result, Vazquez commenced suit against GM on October 12, 2022, for (1) breach of express warranty under the Song-Beverly Act (the Act); (2) breach of the implied warranty of merchantability under the Act; (3) violation of section 1793.2 of the Act, which dictates when repairs must be commenced and completed; and (4) fr...
2023.12.14 Demurrer, Motion to Strike FAC 594
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.14
Excerpt: ...icle") from Mountain View Chevrolet, Inc., an authorized retail dealership, repair facility, agent, and representative of GM (hereinafter, "Dealership"). (FAC. 94.) Plaintiff alleges the Subject Vehicle was equipped with a "defective Hydra-Matc 8L90 transmission," which has been "marred with a myriad of issues and defects," that GM has failed to identify a root cause for. (Ibid.) Plaintiff purchased the Subject Vehicle pursuant to "an express wri...
2023.12.12 Motion for Summary Judgment 947
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.12
Excerpt: ...c. on March 17, 2023. (See Order filed by Judge Frangie on 3/17/23.) Plaintiff alleges that, in 2006, it entered into a 10-year lease agreement with Frogurt Empire for the lease of commercial property at Victoria Gardens in Rancho Cucamonga. In 2015, they entered into a First Amended Lease, which extended the 10-year lease period by six years. In 2017, Plaintiff and Defendants entered into an Assignment, Assumption and Consent Agreement in which ...
2023.12.08 Motion for Summary Judgment 449
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.08
Excerpt: ...hicle. Based on these allegations, Monjaras commenced suit against Cuevas and Good Faith on June 22, 2021, for negligence. In response to the lawsuit, defendants answered and filed a cross- complaint against Salvador Ayala-Villanueva and Ana Trevira, (though they were added via roe amendment). The cross-defendants in turn filed a cross-complaint against Good Faith and Cuevas. The Motion for Summary Judgment Cuevas and Good Faith now seek summary ...
2023.12.07 Discovery Motions 546
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.07
Excerpt: ...in investing in MCWA and met with Revolon at MCWA's location in Redlands. Esposito and Defendants allegedly entered into an agreement in which Esposito became a 50% owner of MCWA in exchange for a monetary investment. Esposito alleges Revolon has refused to permit him to have an active role in management, refused to share in profits, failed to compensate Esposito as an officer, and denied access to business and corporate records. Esposito's compl...
2023.12.01 Motion for Preferential Trial 949
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.12.01
Excerpt: ...ant 3") (hereinafter, collectively "Defendants.") Plaintiff alleges five causes of actions: 1) negligence; 2) negligent hiring; 3) intentional infliction of emotional distress; 4) battery; and 5) violation of Ralph Civil Rights Act, Cal. Civ. Code S 51.7. On August 3, 2023, Plaintiff filed a first amended complaint alleging the same causes of action.l No trial date has been set in this case. On June 30, 2023, Plaintiff filed this motion for prefe...
2023.11.27 Motion for Preferential Trial 949
Location: San Bernardino
Judge: Raphael, Tony R17
Hearing Date: 2023.11.27
Excerpt: ...nor with severe cognitive disabilities (First Am. Complt. 13), alleges that while he was at school and in the care and custody of Defendants, he was abused on at least two separate occasions in 2022. (First Am. Complt. 18, 21.) Plaintiff filed his original complaint on May 23, 2023 alleging five causes of action: 1) Negligence; 2) Negligent Hiring, Supervision, and Training; 3) Intentional Infliction of Emotional Distress; 4) Battery; and 5) Viol...

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