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 475,25
Array
(
)
2019.9.13 Motion to Quash Deposition Subpoenas 274
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.13
Excerpt: ... The subpoenas are QUASHED in all other respects. This is a PAGA-only action in which Plaintiff, on behalf of herself and other aggrieved employees of Rubio's, alleges violations of Labor Code provisions relating to minimum wages, meal and rest breaks, wage statements, waiting time and recordkeeping. On July 12, 2019, Rubio's served identical subpoenas on two of Plaintiff's former employers, Forever 21 and K-Mart. The subpoenas each seek: [A]ny a...
2019.9.13 Motion to Compel Deposition, for Leave to File Complaint, for Sanctions 779
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.13
Excerpt: ...proposed cross-complaint attached to the Lemen Declaration as Exhibit A on or before September 20, 2019. Grounds for Ruling Plaintiffs are three former employees of defendant Uni-Caps, LLC, who were terminated on March 6, 2014, after they complained to Defendant and the DFEH about alleged FEHA violations by defendant. Plaintiffs bring this action alleging defendant violated wage and hour laws and discriminated against plaintiffs who are of Korean...
2019.9.13 Motion for Preliminary Approval of Class Action Settlement 050
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.13
Excerpt: ...2019. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Counsel declares that the motion and supporting papers will be served on the LWDA (Quintilone Decl., ¶ 11), but there is no proof of service. 2. Please provide copies of each named Plaintiff's prefiling letter to the LWDA so the court can evaluate compliance with the ...
2019.9.13 Motion for Preliminary Approval of Class Action Settlement 018
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.13
Excerpt: ...y adjudicated against him. Similarly, named plaintiffs Rodriguez and Gama settled their PAGA claims on an individual basis and are excluded from the class. The only settling plaintiff who has a potential PAGA claim is Kles. While counsel has provided Kles's letter to the LWDA in a supplemental declaration, this does not change the fact that Kles, unlike the Rodriguez plaintiffs, never filed a complaint that included a PAGA claim against R.J. Nobl...
2019.9.13 Motion to Seal Filings, for Sanctions, for Further Direction Under Court's Orders 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.13
Excerpt: ...RANTED IN PART and DENIED IN PART as follows: 1. The Clerk is ordered to permanently seal the documents filed at ROA 1501, 1502, 1516, and 1517. 2. Cross-Complainant First Foundation Bank (“FFB”) is ordered to file public, redacted versions of the foregoing documents. 3. As to ROAs 1502 and 1517 (each a Declaration of Edward O. Morales), FFB is to file public, redacted versions that omit Exhibits 9, 10, 11, 12, 21, and 22, and redact Exhibits...
2019.9.3 Demurrer 839
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.9.3
Excerpt: ...) He brings a putative wage- and-hour class action on behalf of all non-exempt employees who worked for Defendant at any time in the four years before the case was filed. (Id., ¶ 4.) The complaint alleges six causes of action: principal claims for overtime violations, meal period violations, and rest period violations, as well as derivative claims for wage statement violations, UCL violations, and PAGA. Defendant demurs on two grounds: that the ...
2019.8.30 Motion to Quash Subpoena 968
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.30
Excerpt: ...scription information from another source. However, insofar as Defendants seek to prevent Plaintiffs from seeking information about Ms. Callaway's alleged use of pain- killing narcotics through other means (i.e., at her upcoming deposition), the Court declines to rule at this time. GROUNDS FOR RULING I. Factual Background This legal malpractice action centers on legal advice Ms. Callaway provided concerning the structuring of Plaintiffs' direct c...
2019.8.30 Motion for Preliminary Approval of Class Action Settlement 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.30
Excerpt: ...luded 538 employees, but Defendant's discovery responses indicated that 34% of the class was “severed,” leaving 355 employees. Counsel's damages analysis is based on workweeks, and the number of workweeks is determined in reference to these 355 employees. However, per the amended Joint Stipulation of Settlement (Supp. Campbell Decl., Exhs. 1, 3), the class still numbers 538. (Id., § 3.04(e).) Does the class actually number 355 rather than 53...
2019.8.30 Demurrer 839
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.30
Excerpt: ...) He brings a putative wage- and-hour class action on behalf of all non-exempt employees who worked for Defendant at any time in the four years before the case was filed. (Id., ¶ 4.) The complaint alleges six causes of action: principal claims for overtime violations, meal period violations, and rest period violations, as well as derivative claims for wage statement violations, UCL violations, and PAGA. Defendant demurs on two grounds: that the ...
2019.8.23 Motion for Attorneys' Fees 422
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.23
Excerpt: ...4 to be considered at the same time as Defendant Ford's motion to tax costs. Evidentiary Objections I. Plaintiffs' Objections Plaintiffs have filed six objections to the Declaration of Daniell K. Newman. Objection No. 1 is SUSTAINED on relevance, foundation and hearsay grounds and OVERRULED on all other grounds. The Court has not considered Exhibit 1 to the Newman Declaration in ruling upon this motion. Objections No. 2-6 are OVERRULED. II. Ford'...
2019.8.23 Demurrer 193
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.23
Excerpt: ... failed to exhaust administrative remedies as to Supercuts. Evidentiary Issues I. Defendants' Request for Judicial Notice Defendants seek judicial notice of Plaintiffs' LWDA letters. (RJN, Exs. A-B.) The basis for this request is CCP § 452(c), which permits judicial notice of “official acts” of a government agency. While Plaintiffs' letters to the LWDA may no doubt found in the LWDA's files, they are not “acts” of the LWDA. However, as P...
2019.8.16 Motion to Enforce Settlement 225
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.16
Excerpt: ...ntiff's claims against Defendants, reached at a mandatory settlement conference on April 13, 2018. In consideration for Plaintiff dismissing his case and providing a general release of his claims, Defendants, jointly and severally, agreed to pay Plaintiff a total of $36,600 according to the following schedule: 1. $5,000 on or before May 14, 2018; 2. $5,000 on or before November 14, 2019; 3. $5,000 on or before May 14, 2021; and 4. Beginning June ...
2019.8.16 Motion to Compel Production of Contact Information of Absent Class Members, Dismiss Claims 298
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.16
Excerpt: ...te Aerospace, Inc. is DENIED as set forth below. Adams Rite's Opposition Plaintiff argues that the Court should disregard the opposition because of late service. Because Plaintiff had the opportunity to brief a full reply on the merits and declined Adams Rite's offer to continue the hearing, the Court will exercise its discretion to consider Adams Rite's opposition. (See Cal. Rules of Court, rule 3.1300(d).) Grounds for Ruling I. Factual Backgrou...
2019.8.16 Motion for Reconsideration Order Granting Motion to Compel Arbitration 788
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.16
Excerpt: ...onnie Ortloff). (ROA 65.) Defendant's motion was based on an arbitration agreement contained in storage unit leases. While the Non- Signatory Plaintiffs were not party to these leases, the other named plaintiffs (“Signatory Plaintiffs”) were parties to the leases, and both the Signatory Plaintiffs and the Non- Signatory Plaintiffs alike sued for breach of the leases. The Court ordered the Signatory Plaintiffs to arbitration based on the arbit...
2019.8.16 Demurrer, Motion to Strike 149
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.16
Excerpt: ... The demurrer is OVERRULED as to Plaintiff's seventh cause of action for violation of Labor Code § 226(a). 3. The demurrer is OVERRULED AS MOOT as to Plaintiff's eleventh cause of action for PAGA, and this claim is DISMISSED WITHOUT PREJUDICE at Plaintiff's request. Defendant's motion to strike portions of Plaintiff's complaint is GRANTED IN PART and DENIED IN PART as set forth below: 1. As to item 1 in the notice of motion, the motion to strike...
2019.8.16 Demurrer 063
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.16
Excerpt: ...nt initial case management statement filed on August 2, 2019. While AAG objects to this request, CCP § 453 requires the Court to take judicial notice upon a request that complies with the statute, as Plaintiffs' request does here. AAG's objection is OVERRULED and the request for judicial notice is GRANTED, as the case management statement is properly noticeable under CCP § 452(d). AAG correctly notes, however, that the Court may not take judici...
2019.8.9 Motion for Summary Adjudication 297
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.9
Excerpt: ... on T&J's property is DENIED. EVIDENTIARY AND PROCEDURAL ISSUES I. T&J's Request for Judicial Notice T&J requests judicial notice of four documents, attached to T&J's evidence as Exhibits 1-4: 1. The Court's tentative ruling of December 21, 2018 2. Plaintiff's FAC, filed January 8, 2019 3. Notice of Errata to Plaintiff's FAC, filed January 9, 2019 4. ACI 318 Table 4.3.1, contained on the second page of Bondy, Code Requirements for Sulfate Durabil...
2019.8.9 Motion to Compel Arbitration and to Stay Action 326
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.9
Excerpt: ... below: 1. Cross-Complainant Sean Bose's class allegations are dismissed without prejudice. 2. The first, second, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, and twelfth causes of action in Bose's FAXC are ordered to arbitration on an individual basis. 3. The seventh cause of action (UCL violations) is ordered to arbitration on an individual basis insofar as Bose claims unjust enrichment, disgorgement or restitution. The seventh ...
2019.8.9 Motion to Compel Arbitration and to Stay Proceedings 823
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.9
Excerpt: ...ings as they currently stand. At the hearing on this motion, however, Plaintiff shall state on the record whether he waives his claims for underpaid wages and any other individualized relief. If Plaintiff agrees to such a waiver, then the motion will be denied. I. Factual Background Plaintiff was employed by TIC-AC as a Service Technician and Assistant Service Manager at two TIC-affiliated apartment properties in Mission Valley, California. (Comp...
2019.8.9 Motion to Dismiss for Lack of Subject Matter Jurisdiction 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.9
Excerpt: ... for Lack of Subject Matter Jurisdiction, or in the Alternative, to Dismiss or Stay in Light of the Primary Jurisdiction of the State Water Board Sabic Innovative Plastics US, LLC's and General Electric Company's Motion to Dismiss for Lack of Subject Matter Jurisdiction, or in the Alternative, to Dismiss or Stay in Light of the Primary Jurisdiction of the State Water Board, and the joinder in that motion by ICI Americas, Inc. and Beatrice Compani...
2019.8.2 Motion to Disqualify Opposing Counsel 235
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.2
Excerpt: ...to the consideration of such motions in the Individual Actions. Coyote Grill's request to disqualify Jose Garay, APLC (the “Garay firm”) in this action, made for the first time on reply, is DENIED WITHOUT PREJUDICE to refiling a properly noticed motion to disqualify. Grounds for Ruling I. Requests for Judicial Notice Coyote Grill requests judicial notice of various documents filed in support of both its opening papers and its reply. (See ROA ...
2019.8.2 Motion to Compel Arbitration and to Stay Proceedings 823
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.2
Excerpt: ...ntly stand. At the hearing on this motion, however, Plaintiff shall state on the record whether he waives his claims for underpaid wages and any other individualized relief. If Plaintiff agrees to such a waiver, then the motion will be denied. I. Factual Background Plaintiff was employed by TIC-AC as a Service Technician and Assistant Service Manager at two TIC-affiliated apartment properties in Mission Valley, California. (Compl. (ROA 2), ¶ 6; ...
2019.8.2 Motion to Bifurcate Trial 876
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.2
Excerpt: ...fenses to be bifurcated, not the propriety of bifurcation itself. Insofar as the motion concerns Defendants Gary Kanter and Denise Stiles-Kanter's (referred to as “Gary” and “Denise” for clarity) fourth affirmative defense (entitled “Indemnity and Contribution”) that Armony's claims are barred by operation of Paragraph 9 of a January 2011 agreement between Armony and Gary (the “Mediation Agreement”), the Court is inclined to treat...
2019.8.2 Motion for Preliminary Approval of Class Action Settlement 018
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.2
Excerpt: ...s of concern. Any supplemental briefing shall be filed on or before September 3, 2019. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The class period for Laborers begins on December 20, 2012 because, per the Rodriguez FAC, the parties entered into a tolling agreement on December 20, 2016. Per the Kles complaint, an ide...
2019.8.2 Motion for Issuance of Letter of Request for International Judicial Assistance 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.8.2
Excerpt: ...ck's desire to take discovery from non-party Sound Point relating to an offering of securities by Gruppo Waste Italia S.p.A. (“Waste Italia”). Rimrock purchased certain of those securities from Defendants and alleges that Jeffries' representations made in connection with the marketing of the securities violated California's Blue Sky laws. In its moving papers, Rimrock states that in the course of Waste Italia's concordato proceedings (the Ita...

743 Results

Per page

Pages