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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 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...
2019.8.16 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...
2019.7.31 Motion to Continue Trial 722
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.31
Excerpt: ...timony of nine Ford employees taken in other matters. The Court has not yet ruled on this motion, although in other related cases pending in Orange County Superior Court, substantially identical motions in limine have resulted in some, but not all, of this testimony being held inadmissible. The present dispute focuses on the writ petition pending before the Court of Appeal, Second District, Division One in Berroteran v. Superior Court (B296639) (...
2019.7.26 Motion for Summary Judgment, Adjudication 795
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ...cond, third, fifth and sixth causes of action are time-barred, summary adjudication is GRANTED as to the first and second causes of action (negligence and breach of fiduciary duty) and DENIED as to the remaining causes of action (fraud, equitable indemnity and contribution). In light of this ruling on Issue No. 6, the motion for summary adjudication is DENIED AS MOOT as to Issues No. 1 and 2. The remainder of Cross-Defendants' motion for summary ...
2019.7.26 Demurrer 332
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ...owner's insurance policies. Plaintiff alleges that his home was damaged by smoke and soot as a result of the Holy Fire in August 2018. (Compl. ¶¶ 15-16.) Plaintiff does not allege that his home was actually damaged by flames, only smoke, soot, etc. His homeowner's insurance policy has a Wildfire Smoke Sublimit that limits coverage to smoke damage from wildfires to $2,500 if a claim is not made within 45 days. (Compl. Ex. 1, at 5.) Plaintiff all...
2019.7.26 Motion for Attorneys' Fees 390
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ...n for attorney's fees as the prevailing party at trial, pending the outcome of related proceedings instituted by Newport Crest in Plaintiff's bankruptcy case. (See ROA 1464.) On March 13, 2018, the Court, having been informed that the bankruptcy case was pending before the Ninth Circuit Bankruptcy Appellate Panel, extended the stay “until a ruling is made by the Bankruptcy Court Appellate Panel.” (ROA 1496.) Meanwhile, on January 22, 2019, th...
2019.7.26 Motion for Preliminary Approval of Class Action Settlement 963
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ... is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As set forth below, the Court continues to have serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable. Furthermore, the Court notes that a number of key items in its prior minute order on this matter (ROA 83) appear not to have been addressed at all in Plaintiff's supplemental brie...
2019.7.26 Motion for Judgment Not Withstanding the Verdict 606
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ... was filed and electronically served on June 4, 2019 (ROA 1065), Plaintiff's opposition was not filed until July 10, 2019 (ROA 1097.) The opposition was due 10 days after the JNOV papers were filed, or June 14, 2019. (See CCP §§ 629(b), 659a.) Plaintiff's opposition was thus 26 days late. This is more than sufficient reason for the Court to refuse to consider the opposition at all (see Cal. Rules of Court, rule 3.1300(d)), but in light of the p...
2019.7.26 Motion to Set Aside Default 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ... set aside said default earlier, was caused by his own mistake. Counsel admits that he mistakenly failed to draft a stipulation to set aside the default, that he misunderstood a February 2019 request for dismissal to apply to his client, and that he failed to follow up with WRW's counsel on the need for a stipulation or a proposed answer. (Arsenian Decl. ¶¶ 13-14.) In light of counsel's admission of fault, relief from default is mandatory, not ...
2019.7.26 Motion to Strike 773
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ...y the California Labor Code, including, inter alia, section 226; i. Whether Defendants kept complete and accurate payroll records as required by the California Labor Code, including, inter alia, section 1174(d).” 3. Paragraphs 33 and 34 of the complaint, in their entirety. 4. Paragraphs 42 and 43 of the complaint, in their entirety. 5. At page 10, line 18: “or penalty.” 6. Paragraphs 57 and 58 of the complaint, in their entirety. 7. At page...
2019.7.26 Motion to Strike Portions of Amended Complaint 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.26
Excerpt: ...laint (“SAC”) of Plaintiff T-12 Three, LLC is GRANTED IN PART and DENIED IN PART for the reasons set forth below. The Court also DENIES Turner's request for attorney's fees. The Court recognizes that the amendments to the SAC go beyond the scope permitted in the April 26, 2019 minute order granting T-12 leave to amend. As the Court has previously stated, however, motions relating to the pleadings in this matter that elevate form over substanc...
2019.7.17 Motion for Approval of Class Notice 941
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.17
Excerpt: ... non-exempt employees who worked for Mitchell International, Inc., within the State of California at any time during the period from April 5, 2013, to a date to be determined based on the notice and opt-out period. The Court granted certification only as to Plaintiff's seventh and tenth causes of action (Labor Code § 226(a) and Business & Professions Code § 17200), and only on the theory that wage statements provided by Defendant to putative cl...
2019.7.12 Motion to File Amended Complaint 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...tion project in San Diego. 5 th Rock now seeks to file a third amended cross-complaint that adds a Business & Professions Code § 17200 based on the same overbilling allegations. A. Relation Back While the Court has broad discretion to grant leave to amend, it cannot grant leave to amend to add a cause of action on which the statute of limitations has run. The statute of limitations for a § 17200 claim is four years (Bus. & Prof. Code, §17208),...
2019.7.12 Motion to Compel Supplemental Response 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ... is GRANTED. Plaintiffs seek to compel a response to their Special Interrogatory No. 3, which provides: IDENTIFY each and every AGGRIEVED EMPLOYEE employed by YOU during the RELEVANT TIME PERIOD. (As used in these interrogatories, the terms "DEFENDANT," "DEFENDANTS," "YOU," or "YOUR," all mean and refer to Defendant IEC CORPORATION WHICH WILL DO BUSINESS IN CALIFORNIA AS INTERNATIONAL EDUCATION CORPORATION, and shall also include all current or f...
2019.7.12 Motion to Compel Arbitration, for Dismissal of Action or Stay of Action 151
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...ckson Lewis, P.C. are jointly ordered to pay sanctions to Plaintiff in the amounts set forth in the tentative rulings by August 12, 2019. Defendant moves to compel arbitration of Plaintiff's claims on an individual basis and to dismiss or stay the remainder of the case pending the outcome of the arbitration proceeding. As an initial matter, although neither party appears to have addressed the issue, the Court notes that Plaintiff's PAGA cause of ...
2019.7.12 Motion to Compel Arbitration and Stay Proceedings 092
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...tions of Labor Code sections 201-203, 204, 226, 226.3, 226.7, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1197, 1198, 2800, and 2802 and applicable IWC Wage Orders. (Compl. ¶¶ 24-35 [ROA 2].) He seeks solely civil penalties under PAGA and does not pray for recovery of unpaid wages. (Id. at Prayer for Relief, ¶ 1.) Defendants move to dismiss Plaintiff's “representative PAGA claims,” order his “individual claims against Defendants...
2019.7.12 Motion to be Relieved as Counsel of Record 819
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...ontribution from a number of alleged subcontractors, including Porter's. (ROA 22.) The Liedle firm was retained by the third-party administrator of Porter's insurance plan to represent Porter's. (Larson Decl. ¶ 2.) On May 17, 2019, the Liedle firm filed an answer to the cross- complaint on Porter's behalf. (ROA 111.) Counsel now declares that “[s]ince the filing of Porter's answer, we have become aware that coverage for Porter's was denied.”...
2019.7.12 Motion for Preliminary Approval of Class Action Settlement 364
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...ng all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The proposed settlement includes a settlement of Plaintiffs' PAGA claims. The Campbell Declaration includes proof that the required PAGA notice letters were sent to the LWDA, but it does not include the letters themselves so that the Court can evaluate compliance with PAGA requirements. Please provide copies of Plaintiffs' letters to the LWDA. 2. Addition...
2019.7.12 Motion for Preliminary Approval of Class Action Settlement 280
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...tted, a redline showing all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The proposed settlement includes a settlement of Plaintiffs' PAGA claims. Although the SAC states that PAGA prerequisites were followed, the Court's file does not contain Plaintiffs' PAGA letters to the LWDA. Please provide copies of the letters. 2. PAGA has a one-year statute of limitations and Plaintiffs sent their PAGA letters to t...
2019.7.12 Motion and Supplemental Motion to Tax Costs 575
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.12
Excerpt: ...udicial notice is GRANTED. Defendant prevailed in a bench trial of this insurance coverage dispute and sought costs as the prevailing party. Plaintiff moved to tax the claimed costs. In a minute order dated April 19, 2019 (ROA 663), the Court granted Plaintiff's motion in part, and ruled that Plaintiff could file a supplemental motion to tax costs after reviewing certain invoices relating to travel for depositions. Plaintiff now moves to tax Defe...
2019.7.5 Motion for Approval of Compromise and Settlement of PAGA 391
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.5
Excerpt: ...shall be filed on or before August 14, 2019. If a revised settlement agreement and/or notice is submitted, a redline showing all changes, deletions, and additions must be submitted as well. 1. The Settlement and Release (“SAR”) recites, and all parties agree, that there are 30 aggrieved employees. Plaintiffs' moving papers and Defendants' joinder papers say that Defendants determined this to be the number, yet there is no explanation of how i...
2019.7.5 Motion for Approval of PAGA Settlement 123
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.7.5
Excerpt: ... well. 1. In its May 3, 2019 minute order, the Court noted that the aggrieved employees' release “may not extend to future claims by aggrieved employees for wages and other ‘victim-specific' remedies, even those that can be characterized as part of a ‘civil penalty' recoverable under Labor Code § 558 and that are recovered as part of the settlement of this action.” (ROA 22.) Section 4 of the revised settlement agreement nonetheless relea...
2019.6.7 Motion for Preliminary Approval of Class Action Settlement 412
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.7
Excerpt: ...SAR”) and/or proposed Class Notice is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The SAR provides for a class of 1,206 persons (SAR § 1.03), while the subsequent declaration of George Hurley states the class, after the discovery of additional persons who should be excluded, consists of 1,174 persons. (Hurley Decl. ¶ 10.) The class sizes differ by 32, but the H...

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