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2019.5.17 Demurrer 587
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.17
Excerpt: ...ion for violation of Penal Code § 496. At most, Plaintiff has alleged that Orange Coast breached its duties of care as an escrow company to Plaintiff's assignor. Plaintiff has not alleged Orange Coast knowingly received, withheld or concealed any stolen property, or knowingly aided in the conduct prohibited by Penal Code § 496 as required to state a claim under this provision. (See Finton Construction, Inc. v. Bidna & Keys, APLC (2015) 238 Cal....
2019.5.17 Motion for Class Certification, to Strike Declaration 941
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.17
Excerpt: ...or violation of Labor Code §226(a) and Business & Professions Code §17200 based on the theory that paystubs provided by Defendant to putative class members during the class period failed to include Defendant's legal name “Mitchell International, Inc.” In all other respects, the motion is DENIED. The class is defined as follows: All current and former hourly-paid or non-exempt employees who worked for Mitchell International, Inc., within the...
2019.5.10 Motion to Strike 323
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.10
Excerpt: ..., very minimal, and Trilogy was often dismissed from construction defect suits for waiver of costs or with payment of very little money. But Navigators directed its attorneys to avoid vigorously defending Trilogy and to try to use money Trilogy would have to reimburse to resolve claims. This created circumstances where other law firms Navigators selected were subject to conflicts of interest, often receiving conflicting instructions from their cl...
2019.5.10 Motion to Confirm Arbitration Award 529
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.10
Excerpt: ...3, 2018 (ROA 167). Four weeks later, the attorneys for the parties (but not the parties themselves) stipulated to class-wide arbitration based on the representation that most of the putative class members had signed arbitration agreements. The stipulation (ROA 170) provided for arbitration of all “disputes arising from or related to the facts pleaded in the Complaint,” and gave no indication that the role of the arbitrator would be to approve...
2019.5.10 Motion for Preliminary Approval of Class Action Settlement 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.10
Excerpt: ...itted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed Class Definition contained in Article I, subsection c, of the Settlement Agreement and ¶17 of the First Amended Complaint, references security guards or individuals in a “functionally equivalent position.” The Class Notice is directed to, and defines the Class as, only security guards. Please confirm that th...
2019.5.10 Motion for Attorneys' Fees 975
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.5.10
Excerpt: ...l of the out-of-state action initiated by Defendant and bringing this motion for fees. It is premature for Plaintiff to seek any remedies in this action, including attorneys' fees, pursuant to Section 925(c) before there has been a determination whether Plaintiff was an employee or independent contractor, and whether Defendant violated Labor Code § 925. Pursuant to Section 925, an employer may not require an employee who primarily resides and wo...
2019.4.26 Motion for Summary Judgment, Adjudication 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.26
Excerpt: ... Judgment or, in the Alternative, Summary Adjudication Against Plaintiffs 1. Motion by Saddleback Corp. dba Saddleback Waterproof for Summary Judgment or Adjudication as to Plaintiffs' First Amended Complaint Defendant Saddleback's motion for summary judgment and summary adjudication of Issues 5 and 6 (statute of limitations) is DENIED. The motion for summary adjudication is GRANTED as to Issues 1, 3 and 4 (contract-based claims), with leave to a...
2019.4.19 Motion for Summary Adjudication, for Reconsideration 813
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.19
Excerpt: ...48 Cal.3d 341 (Borello). The Court examined the nature of Plaintiffs' PAGA claims and determined that the ABC test adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, applied to Plaintiffs' PAGA claims to the extent they are based on alleged Labor Code violations which, in turn, are rooted and inseparably tied to the applicable wage order, which included all of Plaintiffs' claims other than the gratuity claim. (See 7/...
2019.4.19 Motion for Summary Adjudication 707
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.19
Excerpt: ... not recover additional waiting time penalties under Labor Code § 203 in connection with Plaintiff's First Cause of Action. However, the First Cause of Action, which is based on several alleged Labor Code violations and includes a prayer for damages as well as penalties, is not barred by the doctrine of res judicata. The issue before this Court is whether putative class members in this action who are bound by the release approved by the court pu...
2019.4.19 Bifurcation of Ministerial Exception 440
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.19
Excerpt: ...Fourth and Fifth Causes of Action for wrongful termination in violation of public policy and termination in violation of the California Constitution are not grounded solely on the FEHA, and that ruling does not mandate dismissal of these causes of action. The gravamen of Plaintiff's Third Amended Complaint (TAC) is that Biola refused to promote, demoted and ultimately terminated Plaintiff due to race and gender. Plaintiff has alleged Biola's alle...
2019.4.19 Motion to Tax Costs 575
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.19
Excerpt: ...998, which Plaintiff did not timely accept. The offers, which are attached to the McLeod Declaration, fail to specify in any respect how the offer may be accepted. Therefore, the cost-shifting provision was not triggered. (CCP § 998(b) [“[t]he written offer shall include … a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted]; Perez v. Torres (2012) 206 Cal.App.4th ...
2019.4.12 Motion to Compel Compliance with RFPs, for Monetary Sanctions 876
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.12
Excerpt: ...e payable to Plaintiff on or before May 13, 2019. This matter was initially set for trial on February 11, 2019. [ROA 469.] On February 1, 2019, the trial was trailed to February 14, 2019. [ROA 708.] On February 14, 2019, the trial was trailed again to August 19, 2019. [ROA 738.] The Court did not reopen discovery or extend the motion cut-off dates when it trailed the trial. (Id.) Pursuant to CCP § 2024.020(a), a party has the right to have motio...
2019.4.12 Motion to Compel Arbitration 725
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.12
Excerpt: ... FLSA cause of action and defer ruling on the motion to compel pending resolution of the overlapping claims under the Labor Code and UCL involving Defendant's alleged failure to pay overtime and reimburse business expenses. The latter ruling would be made pursuant to CCP § 1281.2(d) and the Court's own inherent authority to issue stays and manage the cases before it. The Arbitration Agreement signed by Plaintiff Raigoza on which Defendant relies...
2019.4.5 Demurrer 632
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.5
Excerpt: ...h Cause of Action against All Surface for breach of contract is STAYED pending resolution of Pacific Construction Group's (“Pacific's”) fifth cause of action for breach of contract in its cross-complaint against All Surface pending in the action entitled Stapleton v. Pacific Construction Group, Los Angeles Superior Court case no. BC613913 (the “Stapleton action”). The action before this Court involves insurance coverage issues arising fro...
2019.4.5 Motion to Strike 705
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.4.5
Excerpt: ...ining the current method of calculating and/or paying commissions, and is DENIED as to the allegations referencing “independent contractors” and Labor Code section 226.8. Defendants' unopposed Request for Judicial Notice is GRANTED but not for the truth of any statements made in the exhibits thereto. (See Notice of Non-Opp. to RJN [ROA 57].) The Court declines Plaintiff's last-minute request (filed at 5:30 p.m. on April 3, 2019) to take judic...
2019.3.29 Motion to Strike 297
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.29
Excerpt: ... the Prayer for Relief), and that portion of Paragraph 21 that states “and subject to fines and penalties in the amount of at least $25,000 per day for every day the Spill continues to go underreported and the City fails to remove the contamination from the Property.” The Motion is DENIED as to the remaining allegations in Paragraph 21. As explained below, while Plaintiff is prohibited from seeking to recover in this action statutory penaltie...
2019.3.29 Motion to Stay Proceedings 183
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.29
Excerpt: ...mail notification to all parties of this order. While the motion is unsupported by any evidence, there is no dispute that criminal charges are pending against Vinh C. Phan. Assuming the criminal charges arise from the same events that are the subject of this civil action, the Court is inclined to stay discovery as to Mr. Phan only pending the outcome of the criminal proceeding and allow discovery and other pre-trial procedures to proceed as to ot...
2019.3.29 Demurrer 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.29
Excerpt: ...oss-Defendant Department of Toxic Substances Control (DTSC) to Cross-Complaint of Soco West, Inc. (“Soco”) DTSC's demurrer is SUSTAINED with 20 days' leave to amend in accordance with the terms of this Order. The Court agrees with DTSC that Soco does not allege an actual controversy between Soco and DTSC in the Cross- Complaint. As framed, the only dispute alleged is between Soco and Orange County Water District, which is not named as a cross...
2019.3.15 Motion for Approval of PAGA Settlement, Request for Dismissal 392
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.15
Excerpt: ...aration requesting permission to dismiss the PAGA claims without prejudice and to continue the hearing in this case scheduled for March 15. The March 6 Declaration references class claims even though this case no longer includes class claims and refers to Defendant as a small pita making company, not a clothing business. The Declaration was served on defense counsel in this action and contains the correct case information on the pleading for this...
2019.3.8 Motion to Vacate or Modify Interpleader Orders, OSC Re Monetary Sanctions 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.8
Excerpt: ...ies, LLC (SME) to vacate or modify the interpleader is GRANTED IN PART and DENIED IN PART pursuant to the terms of this Order. The motion is granted solely as to SME's request for an order directing BNY Mellon (BNY) to release possession, custody and control over the Bond Portfolio to First Foundation Bank (FFB), which will maintain custody and control (not ownership) of the Portfolio pending further order of this Court in the same capacity that ...
2019.3.8 Demurrer 188
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.8
Excerpt: .... To state a cause of action for inverse condemnation, the plaintiff must allege the defendant substantially participated in the planning, approval, construction, or operation of a public project or improvement which proximately caused injury to plaintiff's property. (Gutierrez v. County of San Bernardino (2011) 198 Cal.App.4th 831, 842.) In its Demurrer, Caltrans does not contend that a street sweeping project is not a “public project or impro...
2019.3.1 Petition to Compel Arbitration and Stay Proceedings 673
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.1
Excerpt: ...nal Complaint at Paragraphs 23 and 24 and Paragraph 1 of the Prayer was inadvertent and that he is not seeking underpaid wages in this action. (Opp., p. 3, lines 13- 20, pp. 4:18-5:8, p. 8, lines 3-5 [“Plaintiff is only seeking those civil penalties that are required to be shared with the LWDA and no individual/victim-specific relief or underpaid wages”]; Messrelian Decl., ¶2-7) After Defendant filed the motion, Plaintiff filed a First Amend...
2019.3.1 Motion to Compel Deposition, for Monetary Sanctions 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.1
Excerpt: ...ify a specific date, time and place for the deposition. While Plaintiff's counsel represents in his opposition the motion was unnecessary and that he is willing to appear for deposition on March 8, the Court agrees with Defendant's counsel that a court order is appropriate in light of the prior communications, cancelations and delays in scheduling this deposition. It is not clear whether Defendant's counsel is available on March 8, so the Court w...
2019.3.1 Motion for New Trial 891
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.1
Excerpt: ...arch Cove Community Association failed to properly maintain a wall within the community. Prior to trial, Plaintiff objected pursuant to Evidence Code § 352 to the introduction at trial of several judgments previously obtained by Defendant Estates and or Jeffrey Rhoades against Mr. Rodarte (a principal of Plaintiff R&R). [ROA 425.] The Court gave Plaintiff's counsel the option of working on a stipulation or having the judgments admitted. Plaintif...
2019.3.1 Motion for Final Approval of Class Action Settlement 184
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.1
Excerpt: ...represented to the Court, that there were 441 putative class members (non-exempt employees employed by Defendant in California between September 29, 2013, through March 19, 2018). (See 6/14/18 Setareh Decl., ¶9 [ROA 42].) Now that number has increased by more than 50% to 693 without any explanation. (2/13/19 Alcantara Decl., ¶6.) Presumably, counsel for Plaintiff assessed Defendant's maximum potential liability and the value of the claims in co...

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