Excerpt: ... overnight delivery, the required 75 -day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code Civ. Proc., §437c, (a)(2)(3)). There are two defects that prevent the Motion for Summary Judgment (hereinafter “MSJ”) from being adjudicated on its merits. First, e -service was done 75 days plus 2 court days before th...

Excerpt: ... Jeannette Fuent es. Plaintiff contends that his brother, Richard Tafoya (hereinafter “Richard”), agreed to secure housing for his daughter Tammy Tafoya (hereinafter “Tammy”). Under the agreement, Richard promised to place title to the Apple Valley property in his name a nd in return Plaintiff would pay all the mortgage payments, taxes, HOA and maintenance fees, and insurance premiums. The intent was for Richard to take the legal title, P...

Excerpt: ...le 8.) Tent ative rulings for each law & motion will be posted on the internet (https://www.sb -court.org) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the Judicial Assistant. You may appear in person at the hearing but personal appearance is not required. (See www.sbcourt.org/general...

Excerpt: ...D On October 30, 2020, InvestorsAlly, Inc. filed a breach of contract action against Defendants Marvin Lindholm and Marina Resort, Inc. (“Marina Resort”) (CIVSB2025501). Plaintiff successfully moved for an order compelling arbitration. On December 2, 2022, Arbitrator L inda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied Plaintiff's claims and awarded $116,967.54 in attorney fees and costs to Defendants...

Excerpt: ...ario Lalama and Noemi Lalama (hereinafter “The Lalmas”) filed their original Complaint against defendants, Emmanuel Jonathan Sanchez, City of Fontana, and A&A Auto Sales alleging causes of action for negligence and dangerous condition of public property. Subsequently , The Lalmas filed several amendments to the Complaint naming: (a) Ahmad Salamah as “Doe 1”; (b) Roy L. Tyra as “Doe 2”; (c) The Tyra Family Trust as “Doe 3”; (d) L...

Excerpt: ... Judge Carl os M. Cabrera This court follows California Rules of Court, rule 3.1308(a) (1) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb -court.o rg) by 3:00 p.m. on the court day immediately before the hearing. If you do not have internet access or if you experience difficulty with the posted tentative ruling, you may obtai...

Excerpt: ...ess of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966 -967.) However, the Court does “not accept as true co ntentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California ...

Excerpt: ...t”) which represented tha t the vehicle had not been in any accidents and had no existing mechanical issues. Moss answered on December 20, 2022. Defendant FCA US, LLC answered on February 1, 2023. At the Trial Setting Conference on February 21, 2023, the parties, upon no objectio n, were ordered to mediation, to be completed by January 23, 2025. Both sides have engaged in the discovery process. Plaintiff filed four Motions to Compel Further Re...

Excerpt: ...ovides in pertinent pa rt, Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six m onths. This rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council. This sunset does not nullify the effect of the extension of ...

Excerpt: ...d by Concealment against defendants Louie Atilano, Yvonne Atilano, Atilano, Inc. (hereinafter collectively, “Atilano” or “the Sellers”), Nancy “Nancee” Herrera, Natalie Brewer, and RMA/Realty Masters & Associates (hereinafter “RMA”). On November 9, 2023, Plaintiffs fi led the operative First Amended Complaint (hereinafter “FAC”). In the FAC, they allege the following nine causes of action: (1) Breach of Contract, (2) Breach o...

Excerpt: ...on of Song -Beverly Act – breach of implied warranty; (3) violation of Song -Beverly Act Section 1793.2; and (4) fraud – fraudulent inducement/concealment. Plaintiff alleges that on November 7, 2020 he purchased a 2021 Chevrolet Silverado (hereinafter “Subject Vehicle”) from Rotol o Chevrolet Inc., an authorized GM dealership. Plaintiff claims that the Subject Vehicle was manufactured with a defective Hydra- Matic 8L90 transmission. Plain...

Excerpt: ...ing a 2 012 Freightliner Tractor and 2015 Vanguard Trailer at the same time. Singh ultimately collided with other vehicles stopped on the roadway (themselves involved in an accident) and his trailer detached as a result. That trailer struck Du causing him injuries . Du then commenced suit against Singh and A&A on February 22, 2021, for negligence. On September 20, 2021, Singh and A&A filed a Cross -Complaint against William Fink, Barbara Radowit...

Excerpt: ...reinafter Collectively “Johnson,” individually by their first names). On March 10, 2021, Captan filed the operative First Amended Complaint (hereinafter “FAC”) pleading 2 causes of action: (1) premise liability and (2) general negligence. Defendants answered. The FAC alleges that on August 19, 2019, Plaintiff Jihad N. Captan was an invitee at Defendants' property. Plaintiff, while walking along a concrete pathway in the backyard, tr...

Excerpt: ...contract, th e manufacturer, Ford Motor Company (hereinafter “Ford”) failed to fulfill its obligations under the Song- Beverly Consumer Warranty Act (hereinafter “The Act”). As a result, Plaintiffs commenced suit against Ford on November 21, 2022, for (1) breach of expr ess warranty under the Act, (2) breach of implied warranty under the Act, and (3) violation of section 1793.2 of The Act, and (4) negligent repairs as against Defendant S...

Excerpt: ...nsive pleading is due. Under Code of Civil Procedure section 435.5, subdivision (a)(3), the demurring party must file a declaration stating either: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to s trike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion ...

Excerpt: ... for purpose s of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) However, the Court does “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125...

Excerpt: ...nst Esqueda and Call Pros Inc. On November 7, 2022, Plaintiff filed an amendment to the Complaint naming Rooter Hero Plumbing, Inc. in place of “Doe 1.” On November 7, 2022, the Court issued an Order Re: Discovery Conference, which stated that prior to filing any discovery motion, the moving party must schedule a telephonic or video discovery conference (also known as an Informal Discovery Conference, or “IDC”) with all parties and the ...

Excerpt: ...s, Inc.; Prim e Healthcare Garden Grove, LLC, dba Garden Grove Hospital Medical Center; and Garden Grove Hospital. As a result, Ornelas commenced suit against those defendants, and the purported harasser Liza Martinez, on June 4, 2020. Ornelas contends that she began wo rking for Defendants in their hospital facilities as a certified nurse's assistant and her duties included basic patient care, such as feeding, changing clothes, bathing, etc. Or...

Excerpt: ... Johns Pizz a, Aylin (Last Name Unknown), and Juan “Johnny” (Last Name Unknown)(collectively, Defendants). Martinez filed a first amended complaint (FAC) on July 7, 2023, against the same defendants but correcting “Carvu 2, Inc.” to “Cravu 2, Inc.” (Cravu). The FAC a lleges Martinez is a Hispanic male approximately 59 years old at the time his employment with Cravu ended. Martinez began working for Cravu as a delivery driver in July...

Excerpt: ... 2, 2022, Arbitrator Linda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied InvestorsAlly's claims and awarded $116,967.54 in attorney fees and costs to Defendants Lindholm and Marina Resort. (See Ex. 1 to RJN Ex. 3 InvestorsAlly's verified motion to vacate arbitrator's award in CIVSB2025501 .) On February 2, 2023, the Court confirmed the arbitration award. InvestorsAllythen filed a motion to vacate the arbit...

Excerpt: ...e was “run over ” by a forklift that was being operated by Mr. Jones while he was in the course and scope of his employment with Gebruder, Staffmark and Does 1 -100. On November 12, 2021, Staffmark filed in the operative Cross -Complaint against Gebruder and Roes 1 -2 5 alleging four causes of action: (1) total or comparative equitable indemnity; (2) declaratory relief; (3) breach of contract and (4) express indemnity. On November 27, 2023, ...

Excerpt: ...t so long as the moving party establishes the grounds for relief, the relief has been raised in a procedurally proper manner, and the motion is made within any applicable time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure §473, subd. (b) provides a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding take...