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2019.12.20 Motion to Augment the Record 429
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.20
Excerpt: ...der submission. A written decision on the writ petition will follow shortly. Reply Brief Issues The Court exercises its discretion to consider the City's and RPI's joint reply brief (ROA 95), which was filed on December 2, 2019 even though the briefing schedule for this motion (ROA 87) set a deadline of November 29, 2019. Although the reply was untimely, it was still filed 18 days in advance of the hearing, and Petitioner Residents of Westminster...
2019.12.20 Demurrer 260
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.20
Excerpt: ...2020. Named Defendants demur to each cause of action in the FAC on the grounds of uncertainty. “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) As a result, “Where a demurrer is made upon this ground, it must distinctly specify exactly how or w...
2019.12.20 Motion for Leave to File Amended Class Action Complaint 028
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.20
Excerpt: ...y. Should Plaintiff wish to pursue any claims relating to off-the-clock work on a class basis, he must file a second amended complaint, either by stipulation or with leave of the Court. Plaintiff's original putative class action complaint was filed on August 31, 2018. Plaintiff's counsel asserts that at Plaintiff's deposition on June 24, 2019, he learned for the first time that Defendant Southern California Discount Tire Co. allegedly required Pl...
2019.12.20 Motion for Preliminary Approval of Class Action Settlement, Conditional Certification 757
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.20
Excerpt: ...t 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 is estimated to have 250 members. How was the class size determined? If the number came from Defendant, did Plaintiffs or counsel make any effort to independently verify this number? 2. The escalator clause applies when the number of workweeks exceeds 7,506 by 10% or more. (Stipulation, § III.O....
2019.12.20 Motion for Summary Judgment 795
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.20
Excerpt: ... Court's ruling on this motion, the Court DECLINES to take judicial notice of them. Cross-Complainant Parkview Community Hospital Medical Center (“Parkview”) has filed evidentiary objections to both AmTrust's request for judicial notice and the declaration of Scott T. Melnik. The objections to the request for judicial notice are OVERRULED AS MOOT in light of the above. As to the objections to the Melnik Declaration, the Court OVERRULES Object...
2019.12.13 Motion for Leave to File Amended Answer 941
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.13
Excerpt: ...ed by absent members of the certified class. A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP, § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers Group, Inc., 48 Cal.App.4th 471, 487.) Liberal amendment is particularly favored with respect to answers, �...
2019.12.13 Motion for Preliminary Approval of Class Action Settlement 050
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.13
Excerpt: ...nuary 22, 2020. 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 noted below, the Court has concerns about apparent changes in the methodology and assumptions underlying the potential liability analysis that have occurred during the preliminary approval process. To the extent that post-settlement analyses result in significantly lower potentia...
2019.12.13 Motion for Relief from Waiver of Objections 338
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.13
Excerpt: ...distinguished itself in this discovery dispute. EVIDENTIARY ISSUES The Court first notes that Defendant's opening papers are supported both by a Declaration of Ronald W. Novotny (ROA 72, filed 10/18/19) and an Amended Declaration of Ronald W. Novotny (ROA 76, filed 10/23/19). Although the title of the “Amended Declaration” suggests it simply corrects errors in the original declaration, the Amended Declaration includes a discussion of events t...
2019.12.10 Motions in Limine 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.12.10
Excerpt: ...t makes perfect sense to preclude them from arguing that someone else is to blame. However, as made clear by the parties' filings, this motion is far broader than that and potentially affects much of the evidence at issue in this case. Accordingly, rather than rule on any particular evidence or argument, the Court sets forth some basic principles it will apply at trial. Evidence (and argument) that goes solely to the issues of Jeffries LLC's scie...
2019.3.1 Motion for Determination of Legal Issue or to Bifurcate 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.3.1
Excerpt: ...ion 13.2(f) in ruling on SCE's motion for prejudgment possession, the Court invokes its inherent authority to reconsider its own interim orders. (LeFrancois v. Goel (2005) 35 Cal. 4th 1094, 1107-1108.) CCP § 1260.040 provides as follows: “If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motio...
2019.2.26 Petition for Writ of Mandate 951
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.26
Excerpt: ...A-Rural Residential? 2. Where in the General Plan are there statements that supports the County's position that the proposed Project is in “harmony” with the terms of the Plan insofar as the Rural Residential designation is concerned? 3. Is the property in question truly a commercial facility? Would it be permissible to have a wedding at the property without charging for use of the facility, i.e., a “non-commercial” use? 4. Can the Court ...
2019.2.22 Motion for Summary Judgment, Adjudication 440
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.22
Excerpt: ...t an “employer” as a matter of law under FEHA. Pursuant to a Stipulation and Order, the parties agreed to bifurcate Defendant's motion, so the only issues to be decided in this phase are Issues 1 and 2 and any legal effect that may result as to the remaining issues as a result of the Court's ruling. The Motion for Summary Adjudication is DENIED as to Issue 1 (Ministerial Exception) and GRANTED as to Issue 2 (FEHA). Rulings on Evidence Plainti...
2019.2.22 Motion for Summary Adjudication 667
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.22
Excerpt: ...be determined in connection with Plaintiff's Third Cause of Action is whether Plaintiff's subdivision application should be “deemed approved” under California's Permit Streamlining Act (the “Act”), Government Code section 65920 et seq., and in particular, pursuant to Section 65956(b). (See Plaintiff's Motion, p. 1, lines 16-19, p. 2 [heading II], lines 12-14, Plaintiff's SSUF No. 10; Defendant's Motion, p. 2, lines 8-10.) In his motion, P...
2019.2.15 Demurrer 584
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...Defendant Ragland is to answer the Second Amended Complaint by March 1, 2019. The gravamen of Plaintiff's SAC is that Defendant violated the law when he issued to Plaintiff a medical marijuana recommendation without first performing a required medical examination and having a licensed physician sign off on the recommendation. Assuming Plaintiff's allegations are true, the foregoing alleged conduct would constitute violations of laws applicable to...
2019.2.15 Demurrer 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: .../1/19. BTC has alleged facts sufficient to constitute cause of actions for declaratory relief against WRW regarding whether BTC has continuing obligations under the Ground Lease. BTC alleges WRW's decision to terminate the Ground Lease as to the assignee, JVS, effects a termination of the Ground Lease as to BTC, and that the foreclosure of the Ground Lease by ARC Retail I extinguished BTC's continuing liability thereunder. (FACC ¶¶ 19-22, 24, 2...
2019.2.15 Demurrer, Motion to Strike 125
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...rst Amended Complaint 5)Status Conference 1. Demurrer by Defendants Catlin Specialty Insurance Company and Catlin, LLC to First Amended Complaint The Demurrer by the Catlin Defendants is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the Sixth Cause of Action for Fraud and the Ninth Cause of Action for Breach of Contract. Catlin Specialty demurs to the Sixth Cause of Action for Fraud, and Catlin, LLC demurs to the Ninth Cause of Action for Breach of...
2019.2.15 Motion for Approval of PAGA Settlement, to File Under Seal 823
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...he named plaintiffs. Defendants have failed to show, pursuant to CRC 2.550(d)(1), that their interest in keeping out of the public record the amount they have agreed to allocate to the individual plaintiffs in settlement of their individual claims overcomes the right of public access to the record. As a general rule, amounts paid in settlement are not confidential. See Copley Press, Inc. v. Superior Court(1998) 63 Cal. App. 4 th 367, 376 [“Howe...
2019.2.15 Motion for Preliminary Approval of Class Action Settlement 760
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...hanges, deletions and additions shall be submitted as well. As to the Settlement: 1. The Court cannot locate in the file a proof of service of the settlement agreement on the LWDA. 2. There is insufficient evidence from which the Court can determine the GSF is fair, adequate and reasonable. The valuation provided by Attorney Hawkins is conclusory and lacks specific information as to the investigation and analysis performed, and the total maximum ...
2019.2.15 Motion for Preliminary Injunction, Demurrer 680
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...tion is GRANTED in part at this time. As to the aspect of the motion seeking an order prohibiting Gulfstream Finance, Inc., Bruce Elieff, Kathy Elieff and WCR Development Company, LLC, or anyone acting on their behalf, from submitting a credit bit at the non-judicial foreclosure sale, that portion of the motion is GRANTED as an unopposed motion. No party other than Gulfstream, a competing junior lienholder, filed an opposition to the motion. Howe...
2019.2.15 Motion to Strike or Tax Costs 651
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.15
Excerpt: ...halter's Memorandum of Costs erroneously states in Attachment 16, line 2, that a total of $11,936.58 was incurred for the discovery referee, but the correct amount is $7,330.58 in light of a credit issued by the referee of $4,600. (Id., Ex. H.) Accordingly, the Court awards costs of suit to Buchalter in the amount of $282,545.24. Grounds for Denial of Motion In their motion to tax costs, Plaintiffs challenge Items 4 (Deposition Costs), 12 (Models...
2019.2.7 Motion for Summary Adjudication 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.7
Excerpt: ...pondence attached as Exhibit 5 to 5th Rock, LLC's (5th Rock) Notice of Lodging, Bates Nos. 5TH000001--5TH00104 was authenticated in the Holland Depo., Volume VII, 1539:8-1540:15. 5th Rock's objections made as part of its responsive Separate Statement are overruled in their entirety. Facts set forth in a Separate Statement are not evidence and 5th Rock did not properly object to the evidence filed in support of the motion. (CRC 3.1354(b).) Grounds...
2019.2.1 Motion for Approval of Settlement of PAGA Action 392
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.1
Excerpt: ...19. Please submit clean and redlined copies of any changes to the Settlement Agreement and the proposed letter to aggrieved employees, and a revised Proposed Order. 1. What amount, if any, has been paid or will be paid to Plaintiffs individually either as part of the PAGA settlement or separately for the settlement of this action and for what purpose are/were such payments being made? Submit any individual settlement agreements entered into in co...
2019.2.1 Demurrer, Motion to Consolidate 680
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.1
Excerpt: ...IES Plaintiff's motion to consolidate this action with Lavelle vs. Nationstar Mortgage, OCSC Case No. 30- 2017-00917438. Defendant's RJN is GRANTED. The Court schedules a Status Conference for April 24, 2019 at 9:00 a.m., in Department CX-104. Plaintiff initiated this case as a wage and hour putative class action against Defendant Nationstar Mortgage, LLC, and WMIH Corp., on October 5, 2018. The matter initially was assigned to the Honorable Rand...
2019.2.1 Demurrer 274
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.1
Excerpt: ... on the status of Plaintiff's application to the Fresno Superior Court for permission to file a petition for coordination, which Plaintiff represents will be heard on March 19. When Plaintiff initiated this action, there was already pending in Fresno Superior Court an action by another employee of Defendant seeking civil penalties under PAGA based on similar claims, including allegations that Defendant failed to comply with the Labor Code regardi...
2019.2.1 Motion for Summary Adjudication, to Compel Production of Docs, Request for Sanctions 297
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.2.1
Excerpt: ...aint that added new factual allegations and causes of action that were not present in the original complaint. Although the parties stipulated to its filing, and further stipulated that the filing would not preclude the Court from ruling on the pending motion for summary adjudication, case law mandates that the Court refrain from doing so. As stated by the court in State Compensation Insurance Fund v. Superior Court (2010) 184 Cal.App.4th 1124: Be...

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