Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

743 Results

Clear Search Parameters x
Location: Orange County x
Judge: Claster, William D x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 341)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 375,25
Array
(
)
2021.02.19 Motion for Summary Judgment, Adjudication 968
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.02.19
Excerpt: ...motion is based solely on the argument that “Plaintiffs' second, third, fourth, seventh, eighth, and ninth causes of action are all duplicative of Plaintiffs' first cause of action for legal malpractice and therefore have no merit.” (Mot. at p. 2.) Accordingly, the following facts are drawn from the allegations of the 3AC, which it appears no party contests for purposes of this motion. Reddam is the founder of CashCall, a consumer lending com...
2021.02.11 Motions in Limine 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.02.11
Excerpt: ...mpliance even though those witnesses did not submit reports about that topic. For the reasons set forth below, the motion is DENIED. By way of background, Case Management Order (CMO) No. 4, section IX, addressed the need for expert reports without distinguishing between retained experts and percipient witnesses who might offer expert opinions. That ambiguity was rectified on February 18, 2020 when the Court entered a stipulated order modifying CM...
2021.02.05 Motion to Compel Depositions 544
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.02.05
Excerpt: ...tion's (PBPA) motion to compel depositions as follows: 1. Plaintiffs and Cross-Defendants Floyd Chodosh, Sue Eicherly, Ole Haugen, Rodger Kane, Jr., Myrle Moore and Todd Peterson are ORDERED to sit for their depositions remotely by no later than February 19, 2021. PBPA is not required to re-notice their depositions to compel their attendance. 2. As to the document requests included in the January 7, 2021 notice of deposition, the Court rules as f...
2021.02.05 Motion to Bifurcate Equitable Claim 045
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.02.05
Excerpt: ...g a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” (CCP § 1048(b).) Between the City's complaint, the defendant Developers' cross-complaint, and real party Cardenas's cross-complaint, there are over 25 causes of action at issue in this matter, with some ...
2021.01.29 Motion to Compel Further Responses 373
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.29
Excerpt: ...3. FedEx is ordered to provide a further response no later than 15 days after the completion of a Belaire-West notice process. If the parties are unable to agree on the content of a Belaire-West notice by February 16, 2021, they are to contact the Court to schedule a conference to discuss the same. 3. The motion is granted in part and denied in part as to special interrogatory 4. By February 26, 2021, FedEx is to provide the full name and job tit...
2021.01.29 Motion for Summary Judgment 327
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.29
Excerpt: ...TERS Wells Fargo' unopposed request for judicial notice of publicly recorded documents pertaining to Plaintiff Olga Krasyuk's property is GRANTED. (See Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549 [“[t]he court may take judicial notice of recorded deeds”].) Plaintiff's responsive separate statement (ROA 272) contains objections to pieces of evidence that support Wells Fargo's undisputed facts. Ordinarily, the Court w...
2021.01.29 Motion for Preliminary Approval 277
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.29
Excerpt: ... well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiffs' pre-filing letters to the LWDA so the Court may evaluate compliance with administrative exhaustion requirements and understand the scope of the class release (which is based in part on the pre-filing letters). 2. What effect, if any, will this settlement ha...
2021.01.22 Motion for Summary Adjudication 449
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.22
Excerpt: ...he second cause of action and DENIED with respect to the first and third causes of action. 2. As to issue two, the motion is DENIED as to the first cause of action and, in light of the ruling on issue one, DENIED AS MOOT as to the second cause of action. 3. As to issue three, the motion is DENIED as to the first and third causes of action and, in light of the ruling on issue one, DENIED AS MOOT as to the second cause of action. As a result of thi...
2021.01.22 Demurrer, Motion to Strike 699
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.22
Excerpt: ...ontract). 2. The demurrer is SUSTAINED WITH LEAVE TO AMEND as to the second and fourth causes of action (unjust enrichment and UCL). 3. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the third cause of action (conversion). Plaintiffs shall have until February 19, 2021 to file a second amended complaint. The Court notes that neither the Declaration of Glenn M. Pfeiffer (with roughly 1,250 pages of exhibits) nor Plaintiffs' supplement of tr...
2021.01.15 Motion to Compel Further Responses 692
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.15
Excerpt: ...IED IN PART as follows: 1. Per her request in reply, Plaintiff's request for further responses to SIs 10-13 is WITHDRAWN. 2. Plaintiff's request for further responses to SIs 26 and 28 is GRANTED. By February 5, 2021, each Defendant is to serve a response stating the exact dates all policies at issue in these interrogatories were in effect. 3. The parties' cross-requests for monetary sanctions are DENIED. In support of their opposition, Defendants...
2021.01.15 Motion for Determination of Good Faith Settlement 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.15
Excerpt: ... § 877.6 and finds that the offset credit pursuant to CCP § 877(a) is $1,686,612. As noted in the Court's December 11, 2020 minute order, there is no dispute that the $1.45 million paid in settlement is adequate for purposes of satisfying the criteria set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal. 3d 488. As to the offset credit valuation, however, there are two primary issues in dispute. First, the District asserts that...
2021.01.15 Motion for Approval of PAGA Settlement, for Attorneys' Fees 472
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.15
Excerpt: ...agreement and/or proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Please provide copies of Plaintiffs' pre-filing LWDA letters so the Court may evaluate compliance with administrative exhaustion requirements. 2. Please provide proof of service of th...
2021.01.08 Petition for Coordination 138
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.08
Excerpt: ...opposed, is GRANTED for the reasons set forth below. The Court determines that the Orange County Superior Court is the appropriate site of coordination proceedings. The Court of Appeal, Fourth District, Division Three shall be the reviewing court. I. Factual Background The Included Actions arise from the alleged wage-and-hour policies of defendant Clubcorp USA, Inc. (“Clubcorp”), an owner and operator of private clubs. From the papers, it app...
2021.01.08 Motion to Enforce Court Order, for Sanctions 452
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.01.08
Excerpt: ...de complete responses to every discovery request at issue. The requests were propounded in August 2019; Defendants have had more than enough time to compile all necessary information and documents. 2. The following facts shall be taken as established against Defendants: a. That each Business Manager and Shift Supervisor/Shift Lead was unable to leave the restaurant for at least the first six hours of his or her shift. b. That Defendants failed to...
2020.12.18 Demurrer 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.18
Excerpt: ...As noted below, the Court believes that only the alleged risk of ovarian cysts allows for a non-preempted theory of recovery. 2. Insofar as the demurrer is based on insufficient allegations of causation with respect to claims sounding in failure to warn (i.e., all causes of action at issue here), the demurrer is sustained with leave to amend. 3. Insofar as the demurrer is based on insufficient allegations of an implied warranty, the demurrer is o...
2020.12.11 Motion to Strike 893
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.11
Excerpt: ...relief. Plaintiffs shall have until January 11, 2021 to file a second amended complaint that addresses the concerns identified below. The Court has exercised its discretion to consider Gem Gravure's “supplemental brief” of November 12, 2020 (which was filed without permission) and Plaintiffs' opposition of December 3, 2020 (which was due on November 25). The Court finds no prejudice will result from consideration of these filings. I. Backgrou...
2020.12.11 Motion to Stay Proceedings 348
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.11
Excerpt: ...alter ego. (SAC (ROA 154), ¶¶ 10-13.) It appears to the Court that there are no separate substantive allegations of wrongdoing against Kirk. His liability, if any, would be derivative of AFL's. AFL filed for Chapter 7 bankruptcy on October 30, 2020. (ROA 137.) The case is currently stayed as to AFL. (ROA 138.) Kirk now asks that the case be stayed as to him pending the resolution of AFL's bankruptcy. He does not argue the automatic bankruptcy s...
2020.12.11 Motion for Determination of Good Faith Settlement 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.11
Excerpt: ... amount of the settlement—a total payment of $3,000,000—is not contested. However, Emerson Electric Co. and Morse TEC LLC (referred to herein as the Non-Settling Defendants) have filed an objection for the purpose of ensuring what they contend is a proper offset (i.e., settlement credits) pursuant to CCP § 877(a). As to the settlement itself, the Court finds that based on the evidence presented it satisfies the criteria set forth in Tech-Bil...
2020.12.11 Motion for Approval of PAGA Settlement 890
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.11
Excerpt: ...urphy and Group 1 are unwilling to agree to the revisions, the Court will deny approval. In addition, as set forth below, the Court requires an explanation of why the list of dealerships affected by the agreement is a moving target. Any supplemental briefing in response to the below items shall be filed no later than January 11, 2021. If a revised settlement agreement and/or notice is submitted, a redline showing all changes, deletions and additi...
2020.12.04 Motion for Summary Judgment 590
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.04
Excerpt: ...r which he was billed $630.80. (Ibid.) As alleged in the complaint—and undisputed for purposes of this motion— Plaintiff was a Medicare patient, and although his visit was overnight, he was treated on an outpatient basis. (Compl., ¶ 10.) Because Medicare does not cover SADs for outpatient visits, Plaintiff was left to cover the bill himself. (Ibid.) Plaintiff's son David Sacks, who took over responsibility for Plaintiff's financial dealings ...
2020.12.04 Motion for Certification of Settlement Class, to Enforce and Obtain Preliminary Approval of Class Action 129
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.12.04
Excerpt: ...fendants Burger Lounge III, LLC and Burger Lounge of America; (2) certifying a settlement class; and (3) granting preliminary approval to the parties' purported class action settlement. (Plaintiff Israel Lomeli was also a moving party, but he has since dismissed his claims. See ROA 100.) For the reasons set forth below, Belonia's motion is DENIED. I. Factual Background This is a putative class action based on routine wage-and-hour claims. The pre...
2020.11.20 Motion to Compel Further Responses 692
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.11.20
Excerpt: ...s dispute whether Dynamic fulfilled its pre-filing meet and confer obligations. Plaintiff argues Dynamic sent a single letter with an unreasonable response time (a letter sent on September 14 demanding further responses by September 18), then filed a motion without further attempt at informal resolution. Relying on Obregon v. Superior Court (1998) 67 Cal.App.4th 424, Plaintiff argues that sending a single letter and then filing a motion is insuff...
2020.11.20 Motion for Class Certification 332
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.11.20
Excerpt: ... will refer to this as the “Policyholder Class.”) Subclass: All California policyholders insured under a dwelling policy issued by Defendants containing a Wildfire Sublimit, who made a claim for smoke, soot, ash, or char damage from wildfires 45 or more days after the wildfire, and Defendants paid the claim in an amount at or below $2,500, and had an estimate exceeding $2,500, at any time from November 9, 2014, until notice is mailed to the c...
2020.11.20 Motion for Approval of Class Action Settlement 804
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.11.20
Excerpt: ...ed settlement agreement must be served on the LWDA, and proof of service must be provided to the Court. The Court has two sets of comments requiring a response. I. Amendments to Agreement The Court previously indicated its preference for (1) a 60-day response period and (2) a provision that unclaimed funds go to the State Controller's Unclaimed Property Fund in the name of the class member. The amended notice (De Castro Decl., Ex. B) includes thi...
2020.11.13 Motion to Compel Further Responses 327
Location: Orange County
Judge: Claster, William D
Hearing Date: 2020.11.13
Excerpt: ...he event that motion is denied, the parties will need to meet and confer on the below issues before the Court considers the rescheduled discovery motions. 1. Standing The discovery sought by these motions is far-ranging and potentially burdensome depending on how the interrogatories and requests are interpreted. The Court provides some guidance on these issues (see below), but because of the potential time and expense of providing the discovery, ...

743 Results

Per page

Pages