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2019.11.22 Motion to Continue Trial Date 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...ions must be submitted as well. As to the Settlement: 1. Exhibit 1 to the Spivak Declaration is supposed to be Plaintiff's letter to the LWDA. Exhibit 1 as filed is the original complaint in this matter. Please provide a copy of Plaintiff's letter to the LWDA so the Court may evaluate compliance with pre-filing requirements for PAGA claims. 2. The “Eligible Employees” under the settlement are defined as all non-exempt hourly employees of Defe...
2019.11.22 Motion for Preliminary Approval of Class Action Settlement 963
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...urt, submitted an amended settlement agreement without a redline showing all changes, deletions and submissions. The Court reminds counsel that if a revised settlement agreement and/or proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well. Late papers will not be accepted. The Court continues to have serious concerns about how carefully the settlement materials were drafted and whet...
2019.11.22 Motion for Preliminary Approval of Class Action Settlement 608
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ... and additions must be submitted as well. As to the Settlement: 1. Exactly how many persons are in the class, and approximately how many allegedly noncompliant sparkplugs are at issue? The Court needs both figures in order to evaluate the fairness of the settlement. 2. When will coupons be mailed relative to final approval? This information does not appear to be in the parties' Stipulation (“Stip.”). 3. The coupon option offers class members ...
2019.11.22 Motion for Attorney Fees, to Tax Costs 391
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...rupsky v. Ford Motor Company, No. 2013-00662411. Plaintiffs object to this request on the grounds that Ford asks the Court to take judicial notice of the truth of Mr. Taylor's statements and the content of his opinions, not their mere existence. Plaintiff's objection is SUSTAINED, and Ford's request for judicial notice is DENIED. The Court has not considered Mr. Taylor's declaration. Plaintiffs have also filed evidentiary objections to the declar...
2019.11.22 Motion for Approval of PAGA Settlement 268
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...se submit the LWDA letters of all plaintiffs in the Wade, Rafael, Thomas and Ortega matters currently pending in this Court so the Court may review compliance with PAGA pre-filing requirements. 2. Other than the Actions (as that term is defined in the parties' Stipulation and Agreement (“Stip.”)), are the parties aware of any other pending matters that will be affected if this settlement is approved? 3. How many Eligible Employees are there, ...
2019.11.22 Demurrer 779
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...gs, they allege that they were terminated on or about March 6, 2014 after they complained to the DFEH about alleged FEHA violations by Uni-Caps. Their operative SAC alleges wage and hour violations and discrimination based on their Korean descent. Uni-Caps' answer raises numerous affirmative defenses, including the after-acquired evidence doctrine. As discussed in the order granting Uni-Caps leave to file the cross-complaint, Uni-Caps learned at ...
2019.11.22 Motion to Approve Settlement of PAGA Claims 416
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.22
Excerpt: ...ions must be submitted as well. As to the Settlement: 1. Exhibit 1 to the Spivak Declaration is supposed to be Plaintiff's letter to the LWDA. Exhibit 1 as filed is the original complaint in this matter. Please provide a copy of Plaintiff's letter to the LWDA so the Court may evaluate compliance with pre-filing requirements for PAGA claims. 2. The “Eligible Employees” under the settlement are defined as all non-exempt hourly employees of Defe...
2019.11.15 Motion for Preliminary Approval of Class Action Settlement and Approval of PAGA Settlement 768
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...ecember 31, 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 begins on July 16, 2014, but the underlying complaint was filed on August 1, 2018. Why does the class period extend more than four years before filing? 2. The class definition excludes plaintiffs in other pending wage-and-hour actions again...
2019.11.15 Motion for Preliminary Approval of Class Action Settlement 866
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...ll changes, deletions, and additions must be submitted as well. As to the Settlement: 1. Please provide proof of service of the settlement and supporting papers on the LWDA, and please provide a copy of Plaintiffs' letters to the LWDA so the Court may evaluate PAGA filing prerequisites. 2. Why is it necessary for the GSA to be funded in five installments instead of a single payment? The moving papers provide no explanation for why the settlement ...
2019.11.15 Motion for Preliminary Approval of Class Action Settlement 552
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...icularly the case in the context of an unopposed motion for class certification where Mr. Thompson will serve as a class representative. Absent class members are entitled to know the terms of his individual settlement so they may evaluate potential objections to his adequacy as a representative Plaintiff. The Clerk is ordered to publicly file the unredacted version of the Kwak Declaration and all attachments. Furthermore, as discussed in more det...
2019.11.15 Motion to Discharge Modified Peremptory Writ of Mandate 300
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...ty of solar PV roof panels as a mitigation measure for greenhouse gas emissions. Specifically, in May 2019, the Court of Appeal issued an opinion (See Protect Our Homes and Hills v. County of Orange (May 8, 2019, No. G055716) 2019 WL 2022564 (the “Opinion”)) directing this Court to rescind the order discharging the original peremptory writ and to modify the peremptory writ to address the RFEIR's analysis of the feasibility of rooftop solar ph...
2019.11.15 Motion to Seal 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...since November 1. Plaintiffs' and Defendants' motions to seal (respectively ROAs 284 and 360 [Plaintiffs], 276 and 352 [Defendants]) are GRANTED IN PART AND DENIED IN PART as set forth below. Except for documents the Court orders sealed below, the clerk is directed to publicly file the unredacted versions of the parties' summary judgment papers that were conditionally lodged with the Court. Standard for Sealing A court may order a record to be fi...
2019.11.15 Motion to Tax Costs 411
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.15
Excerpt: ...tion is GRANTED in the amount of $4,235. MOTION TO TAX COSTS Plaintiff, the prevailing party in this Song-Beverly Act action, filed a verified memorandum of costs seeking to recover a total of $46,886 in costs. (ROA 572.) Ford moves to tax $37,322 of this amount. I. Standard of Review The Song-Beverly Act allows a prevailing plaintiff to recover “the aggregate amount of costs and expenses . . . determined by the court to have been reasonably in...
2019.11.1 Motion to Tax Costs 606
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.1
Excerpt: ...ntered a verdict in Plaintiff's favor in this trade secret dispute, Defendants prevailed on a motion for judgment notwithstanding the verdict. Defendants now seek to recover their costs both (1) as a prevailing party under CCP § 1032, and (2) as a prevailing party under the terms of a 2006 nondisclosure agreement, governed by Oregon law, which allows for the recovery of “reasonable . . . costs incurred in resolving or settling the dispute.” ...
2019.11.1 Motion to Seal, for Summary Judgment, Adjudication 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.1
Excerpt: ...rock Low Volatility (Master) Fund, Ltd.'s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, By Plaintiffs DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION Defendants Jefferies LLC and Jefferies International Limited (“JIL”)'s motion for summary judgment, or in the alternative summary adjudication, on the amended complaint of Plaintiffs Rimrock High Income Plus (Master) Fund, Ltd. and Rimrock Low Volatility ...
2019.11.1 Motion to Compel Deposition of PMK, Request for Sanctions 429
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.1
Excerpt: ...4th 1109, 1124.) The Court bases this ruling on the papers filed by the parties with respect to the original August 16, 2019 hearing date and the continued hearing date of October 4, 2019. Plaintiff's October 30, 2019 reply was not timely filed pursuant to CCP § 1005(b) and therefore is not considered by the Court in its ruling. Likewise with respect to Defendant's sur-reply. That being said, this ruling does not preclude Plaintiff from renotici...
2019.11.1 Motion for Summary Judgment 208
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.11.1
Excerpt: ...erior Court No. RIC10014774 (Curry), on the grounds that the plaintiff in the first-filed Curry matter sought to certify the same class as Plaintiff here. Summary judgment was entered in Equilon's favor in the Curry matter, and on April 26, 2018, the Court of Appeal affirmed in a published opinion. (23 Cal.App.5th 289.) Following the Court of Appeal's decision in Curry, the Court lifted the stay in this matter. Plaintiff and Equilon then agreed t...
2019.10.25 Petition to Stay Action 860
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.25
Excerpt: ...tiff's unopposed request for judicial notice (ROA 28) is GRANTED, although only as to the existence of the documents at issue, and not as to the legal effect thereof, which is discussed in more detail below. Pursuant to Evidence Code § 455, the Court proposes to take judicial notice of the current Employment Arbitration Rules of the American Arbitration Association, which are amended and effective as of November 1, 2009. The arbitration agreemen...
2019.10.25 Motion to Compel Deposition 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.25
Excerpt: ...9 for a continued deposition not to exceed seven hours on the record. The Court expects Tien to provide straightforward, non-evasive answers to Defendants' questions at the continued deposition. Furthermore, at the continued deposition, Tien is ordered to answer the following question set forth in Defendants' statement of disputed questions and answers: “With the Waste Italia notes, Rimrock funds purchased those notes in November 2014. Do you a...
2019.10.25 Motion for Preliminary Approval of Class Action Settlement 601
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.25
Excerpt: ...ing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Although the briefing says administrative costs will not exceed $23,000 and suggests Habitat for Humanity Orange County as a cy pres recipient, the settlement agreement itself contains no such provisions. The Court will not grant approval of the settlement unless the agreement itself contains this information. 2. Counsel states that he “determined” th...
2019.10.25 Motion for Class Certification 360
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.25
Excerpt: ... strike Plaintiff Rachel Segui's motion for class certification is DENIED as untimely. The motion was filed on October 11, 2019, only 10 court days before it was set for hearing on October 25. Generally speaking, motions must be filed at least 16 court days in advance of the scheduled hearing. (CCP § 1005(b).) However, the Court will exercise its discretion to consider the motion to strike as an opposition to Plaintiff's motion for class certifi...
2019.10.25 Motion for Attorney Fees 411
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.25
Excerpt: ...tor Company's motion to tax costs. Evidentiary Objections Plaintiffs have filed evidentiary objections to the declaration of Matthew K. McCullough filed in support of Ford's opposition. The Court rules on these objections as follows: Objection No. 1: SUSTAINED on the grounds that Exhibit A to the McCullough Declaration is an improper attempt to circumvent page limits and OVERRULED on all other grounds. Ford cannot avoid the page limit for opposit...
2019.10.11 Motion for Summary Adjudication
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.11
Excerpt: ... effect of this ruling on the definition of the certified class. I. UNDISPUTED FACTUAL BACKGROUND Plaintiffs are former employees of Defendant. Serna's tenure with Defendant ended in April 2016 and Flores's ended in July 2017. (SAC ¶¶ 26-27.) For purposes of this motion, the parties do not dispute that on February 2, 2018 Defendant's wage statements were changed to identify “Mitchell International, Inc.” as the employer. (See Responsive Sep...
2019.10.11 Motion for Preliminary Approval of Class Action Settlement 963
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.11
Excerpt: ...howing all changes, deletions, and additions shall be submitted as well. Late papers will not be accepted. The Court continues to have serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable, with particular concern about the financial condition of Defendant and the ramifications for the settlement structure of the installment. The Court will not approve the proposed settlement until the...
2019.10.11 Motion for Further Direction Under Court's Orders 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.11
Excerpt: ... v. San Miguel Equities, LLC), this ruling also shall be applicable to that proceeding. After discussing the context of the present motion, the Court will issue direction regarding the prior orders. FACTUAL AND PROCEDURAL BACKGROUND First Foundation Bank holds a $5.6 million judgment against Defendant San Miguel Equities, LLC, issued in the companion matter First Foundation Bank v. San Miguel Equities, LLC, No. 18-967476. The present dispute conc...

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