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2019.6.21 Motion for Approval of PAGA Settlement 334
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.21
Excerpt: ...allocated to the PAGA claim. Moreover, given other significant issues with respect to both the structure and explanation of the settlement (detailed below), the Court can see no reason for merely continuing the motion to allow for “corrections.” If the parties want this Court to approve the release of penalties for 146 employees, then they will need to rethink the settlement terms. The Motion is DENIED in view of the following significant iss...
2019.6.21 Demurrer, Motion to Quash Deposition 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.21
Excerpt: ...vings Bank, N.A. Motion to Quash There is no tentative ruling on Plaintiff Richard Mateos's motion to quash subpoenas for various bank records. In a minute order dated May 3, 2019, the Court explained potential problems with the subpoenas and suggested how they should be limited. The Court also ordered the parties to meet and confer to attempt to agree on the timing and scope of the records to be produced pursuant to these subpoenas and to finali...
2019.6.21 Motion for Final Approval of Class Settlement 474
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.21
Excerpt: ...iled on or before July 26, 2019. 1. Per the May 30, 2019 declaration of Kevin Mahoney, the class now comprises 393 members. (Mahoney Decl. ¶ 27.) The executed settlement agreement, on the other hand, estimates the class at 290 members. (Settlement at 14.) Counsel previously identified, at preliminary approval, a class of 280-290 members. (Mahoney Decl. of 01/09/19 [ROA 87], ¶¶ 43, 57.) Please explain the approximately 35% increase in class siz...
2019.6.14 Petition to Compel Arbitration, Motion to Stay 877
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.14
Excerpt: ... of the petition to compel arbitration is without prejudice in the event that the Supreme Court, in theLawson case, rules that the part of a PAGA case seeking victim-specific relief in the form of unpaid wages is subject to arbitration pursuant to Esparza v. KS Industries, L.P. (2017) 13 Cal.App.5th 1228 (Esparza). Grounds for Ruling This is a PAGA-only action based primarily on alleged minimum wage and rest break violations. Plaintiff alleges vi...
2019.6.14 Demurrer, Motion to Strike 719
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.14
Excerpt: ...aint (FAC) is OVERRULED, and its motion to strike portions of the FAC is DENIED. Plaintiff De Trinh's request for leave to file a second amended complaint is DENIED AS MOOT. Defendant's unopposed request for judicial notice is GRANTED. Defendant shall have until June 28, 2019 to file an answer to the FAC. DEFENDANT'S DEMURRER TO FAC Defendant demurs only to Plaintiff's ninth cause of action alleging a PAGA claim. In general, Defendant argues that...
2019.6.14 Demurrer, Motion to Stay 131
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.14
Excerpt: ... defendant may demur to a pleading on the basis “[t]here is another action pending between the same parties on the same cause of action.” The above provision codifies “the common law plea in abatement.” The “rule of exclusive concurrent jurisdiction,” which is the principle Defendant seeks to enforce herein, is similar (see People ex rel. Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4 th 760, 770), and may be raised by demur...
2019.6.14 Demurrer 076
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.14
Excerpt: ...ed as of June 30, 2016. Plaintiff's lawsuit was filed on May 12, 2017; she timely filed her PAGA letter with the LWDA on May 15, 2017. Without any stays, the deadline for filing a PAGA cause of action was November 2, 2017. (See Labor Code 2699.3; Brown v. Ralphs Grocery Company (2018) 28 Cal. App. 5 th 824, 839; Defendant's Reply at 3.) Defendant's motion to compel arbitration was filed on September 13, 2017 and was decided on October 27, 2017. D...
2019.6.7 Motion for Final Approval of Class Action Settlement 670
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.6.7
Excerpt: ...October 24, 2018 Declaration (ROA 93), Attorney Scott Leviant stated the size was approximately 2700 at the preliminary approval stage. Additionally, Counsel previously represented that the average individual payment to be $925. However, despite the reduction in class size, the average payment is now represented to be lower, at $723.24. Please explain how a reduction in class size results in a reduction in the average payment as opposed to larger...
2019.5.31 Motion for Preliminary Approval of Class Action Settlement 253
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.31
Excerpt: ...n showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. There is insufficient evidence from which this Court can make a finding that the settlement is fair, adequate and reasonable. Plaintiff Counsel's declaration submitted with the motion is conclusory as to this issue, without sufficient analysis of Plaintiff's valuation of each of the causes of action based on the documents and testimony, including t...
2019.5.31 Motion for Attorney Fees 891
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.31
Excerpt: ...chael Rodarte Jointly and Severally Motions by Defendants (1) Estates of Monarch Cove Community Association, (2) Robert Shipp, (3) Estate of Jeffrey Rhoades, and (4) William and Sophie Bendush for Attorneys' Fees The motions for attorneys' fees and costs are GRANTED pursuant to Civil Code Sections 1717 and 5975(c) and the Memorandum of Costs filed 1/16/19. The Judgment awarding attorneys' fees and costs in favor of the moving parties will be ente...
2019.5.31 Motion for Preliminary Approval of Class Action Settlement 963
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.31
Excerpt: ...s, deletions and additions shall be submitted as well. As set forth in detail below, the Court has serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable for a number of reasons. While the Court does not expect the first go-around of a motion for preliminary approval to be letter perfect, it expects a lot more than what was provided here. This is especially true where one of the lawyers...
2019.5.31 Motion to Compel Arbitration, Strike Class Action Allegations, Stay Proceedings 110
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.31
Excerpt: ...ional request for an order striking the class action allegations is DENIED. Preliminarily, both the Federal Arbitration Act and the California Arbitration Act require the existence of a valid Arbitration Agreement before arbitration can be compelled. (See 9 U.S.C. §2 and CCP §1281.2). "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition...
2019.5.31 Motion to Deny PAGA Representative Status 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.31
Excerpt: ...ence Code §452(d)). The second Request is DENIED as irrelevant. (See Zucchet v. Galardi (2014) 229 Cal.App.4 th 1466, 1474, fn. 5). “[A] written trial court ruling has no precedential value.” (Se Bolanos v. Superior Court (2008) 169 Cal.App.4 th 744, 761). As set forth in its Notice of Motion, the primary legal bases for Defendant's motion are CCP §128 and CCP §187. However, neither provision expressly permits a determination as to a Plain...
2019.5.28 Demurrer, Petition to Vacate Arbitration 667
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.28
Excerpt: ...appears that the Sixth Amended Complaint alleges the same fraudulent scheme as in Barrons, with differences in the parties and the property at issue. For the same reasons set forth in the Court's ruling in the Barrons Demurrer, the Demurrer in this action is SUSTAINED without leave to amend as to the 3 rd, 7 th, 8 th, 10 th and 13 th causes of action. Plaintiffs' request for judicial notice is GRANTED. PETITION TO VACATE ARBITRATION AWARD BY KORN...
2019.5.28 Demurrer, Petition to Confirm Arbitration 240
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.28
Excerpt: ...suant to Evidence Code §452(h). 7th, 8 th and 10 th Causes of Action for Constructive Fraud, Intentional Misrepresentation and Fraud by Concealment Paragraph 126 of the 5AC alleges that CBRE aided and abetted other defendants in misrepresenting the actual purchase price of the property in question. This allegation is incorporated by reference into all of the causes of action at issue here. As explained by the court in Casey v. U.S. Bank National...
2019.5.24 Motion to Compel Further Responses 151
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.24
Excerpt: ...s in place of identifying information as agreed to by Plaintiff. (See Motion: 4:17- 19). Additionally, any records produced in connection with this discovery may be used only within the instant action. As to Request No. 5 which seeks pay records, the Court finds Defendant has sufficiently identified a “legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that...
2019.5.24 Motion to Compel Arbitration 788
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.24
Excerpt: ... Katz Declaration and Exhibits A-I), and (3) the Agreements encompass the claims at issue here. This position is reinforced by the broad language of the Arbitration Provision, which requires the parties to “arbitrate any and all disputes or claims in any way relating to the relationship between you and us….” (See ¶¶3-12 of Katz Declaration, Exhibits A-I, §18.2). While there are no arbitration agreements signed by Plaintiffs Julie Arlotti...
2019.5.24 Motion to Compel Arbitration 239
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.24
Excerpt: ...atz Declaration and Exhibit A thereto), and (3) the Agreement encompasses the claims at issue here. This position is reinforced by the broad language of the Arbitration Provision, which requires the parties to “arbitrate any and all disputes or claims in any way relating to the relationship between you and us….” (See ¶3 of Katz Declaration, Exhibit A, §18.2). In opposing the Motion, Plaintiff asserts that the agreement to arbitrate is une...
2019.5.24 Motion for Final Approval of Class Action Settlement 534
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.24
Excerpt: ...pport of the motion. Nonetheless, it appears to the Court that the settlement remains fair, adequate and reasonable to a class of 123 individuals in light of the result obtained, counsel's prior valuation of the claims, the average settlement payment of $2,716.51, and the results of the class notice. Provided Class Counsel confirms at or prior to the hearing that he considered the actual size of the class in determining the fairness, adequacy and...
2019.5.24 Demurrer, Application to Appear Pro Hac Vice 552
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.24
Excerpt: .... (2006) 144 Cal.App.4 th 824, the court stated as follows with respect to a CLRA claim: “[A] claim may be stated under the CLRA in terms constituting fraudulent omissions, [however] to be actionable the omission must be contrary to a representation actually made by the defendant, or an omission of a fact the defendant was obliged to disclose.” (Id. at 835). The court there found no allegations which demonstrated a duty to disclose, as “[t]...
2019.5.17 Motion for Summary Judgment, Adjudication 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.17
Excerpt: ...ril 9, 2019. Consistent with this Court's April 26, 2019 order, the Court converts Defendant's motion for summary adjudication of the contract claims (i.e. the First, Fourth and Fifth Causes of Action) to a motion for judgment on the pleadings and GRANTS the same with 7 days leave to amend as to Plaintiffs T-12 and HRG to permit these Plaintiffs to allege third-party beneficiary status in connection with the applicable subcontract. The Court DENI...
2019.5.17 Motion for Stay Pending Appeal 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.17
Excerpt: ... of Appeal's decision in LaMelza et al. v. Lindsay et al., G057421. The stay applies to all disputes stemming from Plaintiffs' claim to the subject bond portfolio as “creditors” of Robert Gilroy under the UVTA and Plaintiffs' allegation that Gilroy's transfer of the Bond Portfolio to SME was a fraudulent transfer and is voidable under the UVTA. The stay extends to all claims of priority by FFB and SME to the Bond Portfolio, and also extends t...
2019.5.3 Motion to Quash Bank Subpoenas, for Monetary Sanctions 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.3
Excerpt: ...from Plaintiff's financial institutions is constitutionally protected private financial information. On the other hand, Defendant has established that to the extent Plaintiff's ATM, bank statements or credit card statements reflect time stamps which show Plaintiff left his work premises from August 2016 to July 2017 and made meal and other purchases, that information would be directly relevant to this action because Plaintiff admittedly did not c...
2019.5.3 Motion for Preliminary Approval of Class Action Settlement 843
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.3
Excerpt: ...lement Agreement 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 information provided with the motion is still insufficient for the Court to assess whether the settlement is fair, adequate and reasonable to the class, and whether Plaintiff's counsel sufficiently analyzed the value of the claims. Plaintiff's counsel filed two declara...
2019.5.3 Motion for Class Certification 554
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.3
Excerpt: ...ceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Brinker Restaurant Corporation v. Superior Court (2012) 53 Cal.4th 1004, 1021 [internal quotes and citations omitted].) These elements ...

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