Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

747 Results

Clear Search Parameters x
Location: Orange County x
Judge: Claster, William D x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 341)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 625,25
Array
(
)
2019.10.11 Motion for Approval of Compromise and Settlement of PAGA Cause of Action 391
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.10.11
Excerpt: ...le the Court continues to have serious concerns with Plaintiffs' counsel's investigation and valuation of the PAGA claims at issue in this matter—in particular, Plaintiffs' counsel's admission that he reviewed no pay records other than those of the three named Plaintiffs and the decision to use a $50 per violation penalty instead of a $100 per violation penalty—the Court is convinced, based upon information provided by Defendants' counsel abo...
2019.1.25 Motion for Class Certification 941
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.1.25
Excerpt: ...eory 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 State of California at any time during the period from April 5, 2013, to a date to be dete...
2019.1.25 Demurrer, Motion to Strike 432
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.1.25
Excerpt: ...and otherwise is OVERRULED. The Motion to Strike punitive damages is DENIED. Defendant Patrol Masters, Inc., is to answer the Complaint on or before February 15, 2019. The Court exercises its discretion to consider Plaintiff's opposition which was not served in a manner to ensure delivery by the next business day. (CCP § 1005.) Counsel is ordered to comply with the service requirements of the Code of Civil Procedure in connection with all future...
2019.1.25 Motion to Strike, to Compel Arbitration 435
Location: Orange County
Judge: Claster, William D
Hearing Date: 2019.1.25
Excerpt: ...aintiff's First and Second causes of action in the Second Amended Complaint for waiting time penalties and injunctive relief and restitution under Business & Professions Code section 17200 on an individual basis, and STAYS this action pending the outcome of arbitration. Plaintiff's class claims are DISMISSED. Defendant's Demurrer to the Third Cause of Action under PAGA is SUSTAINED without leave to amend for the reasons set forth in the Court's 1...
2018.8.17 Motion for Judgment on the Pleadings 426
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.17
Excerpt: ...for Judicial Notice of pleadings filed in the underlying action, Aubrey, et al. v. KB Home Greater Los Angeles, Inc., et al. (Aubrey), Riverside Superior Court Case No. RIC 476889, is GRANTED. St. Paul's unopposed Request for Judicial Notice of a motion for summary judgment and complaint filed in Liberty Mutual Insurance Company v. Blatt (N.D. Cal., Oct. 26, 2007, No. 06-2002 SC) 2007 WL 3171263, a federal district court decision relied upon by K...
2018.8.10 Motion to Compel Arbitration, To Stay Proceedings 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.10
Excerpt: ...agraph in section 4, on page 5, of the arbitration agreement regarding confidentiality. Plaintiff's class allegations are DISMISSED. Plaintiff's Sixth Cause of Action under PAGA is STAYED pending the outcome of arbitration. An Arbitration Review Hearing is scheduled for March 5, 2019 at 8:30 a.m. Grounds for Ruling: Plaintiff, a former employee of defendant Automobile Club of Southern California, filed this putative wage and hour class action on ...
2018.8.10 Motion to Compel Arbitraton 114
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.10
Excerpt: ... issues it has agreed to arbitrate. [Citations.]” (Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell (1999) 76 Cal.App.4th 227, 230; see also Hayes Children Leasing Co. v. NCR Corp. (1995) 37 Cal.App.4th 775, 787 [“[plaintiff], of course, can be compelled to arbitrate only such issues as it in fact agreed to arbitrate”].) The arbitration clause in this case is unambiguously narrow in scope, limited to controversies “involving the ...
2018.8.3 Motion for New Trial, to Set Aside Judgment 680
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.3
Excerpt: ... non-party Todd Kurtin to set aside the judgment entered in this action on March 23, 2018, and for a new trial, are GRANTED pursuant to Code of Civil Procedure §§ 657(1), 663 and 473(d). Upon granting the motion, the Court will sua sponte consolidate for all purposes Kurtin v. Gulfstream Finance, Inc., Case No. 30-2012- 00593758 (already related to this action and assigned to this court as of 02/14/2018) with this action. The Gray 1 action will...
2018.8.3 Motion for Leave to File Complaint 891
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.3
Excerpt: ...nce; the Court is not reaching the merits of plaintiff's proposed additional causes of action at this time. First, plaintiff has failed to comply in several material respects with Rule 3.1324 of the California Rules of Court (CRC) applicable to motions to amend pleadings. Plaintiff did not attach a redlined copy of the proposed amended pleading reflecting what is proposed to be deleted and added to the pleading, or specify the changes by page, pa...
2018.8.3 Motion for Preliminary Approval of Class Action Settlement 184
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.3
Excerpt: ...efore August 24, 2018. If a revised Settlement 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 proposed settlement includes a settlement of Plaintiff's PAGA claim, but there is no proof of service of the settlement agreement and motion on the LWDA. (See Labor Code § 2699(l)(2).) In addition, since it was not attached to th...
2018.8.3 Motion to Compel Arbitration, Stay Proceedings 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.3
Excerpt: ...ely to affected employee(s) under Labor Code section 1197.1. The motion is DENIED as to the portion of plaintiff's claim for civil penalties under PAGA and Labor Code section 1197.1 that would, if recovered, be allocated between the LWDA and the aggrieved employees. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348.) The Court is inclined to deny without prejudice Defendant's request for a stay of this action pending arbitrat...
2018.8.3 Petition to Compel Arbitration 111
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.8.3
Excerpt: ...he hearing to discuss a continued hearing date and briefing schedule. 1. Mr. Escobar's declaration filed in opposition to the motion states that he speaks and reads Spanish and that he did not understand the terms of the employee handbook because it was in English. Mr. Escobar did not state that he speaks and reads only Spanish, and he did not address the level of his reading proficiency, if any, in English. In reply, Defendants submitted a suppl...
2018.7.27 Motion to Determine Prevailing Party, to Strike Costs 925
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ...f the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.” CCP § 1032(a)(4) provides, in pertinent part: "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff n...
2018.7.27 Motion to Compel Responses 334
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ...Defendant did not object and provided a chart with 23 names, addresses, and telephone numbers. In moving to compel a further response, Plaintiff argues that this list is not accurate or complete. There does not appear to be any evidence that the list of 23 individuals is not accurate; with that said, the Court is not able to decipher a handwritten exhibit that Plaintiff attached as part of Exhibit 5 to the Carbone declaration. In opposition to th...
2018.7.27 Motion for Leave to File Complaint, for Good Faith Settlement 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ...file a Fourth Amended Complaint is GRANTED. Plaintiff is ordered to file and serve the proposed Fourth Amended Complaint attached to the Massey Declaration no later than August 3, 2018. Defendants' objections to the Massey declaration are all OVERRULED. Defendants' request for judicial notice is GRANTED. The Court may, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...
2018.7.27 Motion for Class Certification 957
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ...e 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; bracketing added].) These elements are typically referred to as: (1) ascertai...
2018.7.27 Motion for Attorney's Fees, to Tax Costs 488
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ...w. A “successful party” may recover fees under section 1021.5 upon showing “(1) the enforcement of an important right affecting the public interest, (2) the conferring of a significant benefit on the general public or a large class of individuals and (3) the necessity and financial burden of private enforcement renders the award appropriate.” (Jaramillo v. Cnty. of Orange (2011) 200 Cal.App.4th 811, 829.) The Court finds that the foregoin...
2018.7.27 Demurrer, Motion to Strike 675
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.27
Excerpt: ... is no possibility that Plaintiff will be able to meet the requirements for class certification. Specifically, Plaintiff “must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also CCP § 382...
2018.7.23 Motion in Limine, to Quash 651
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.23
Excerpt: ...issue, nor did Plaintiffs provide such information elsewhere during the many years of discovery in this case. The motion is GRANTED as to the request to preclude reference to a benefit of the bargain damages theory. Throughout this litigation, Plaintiffs (in their discovery responses and in court) have insisted that their damages will be based solely on expert testimony. Accordingly, Plaintiffs will be precluded from putting on evidence of any al...
2018.7.13 Motion for Class Certification 167
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.13
Excerpt: ...interest, and substantial benefits from certification that render proceeding 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 10...
2018.7.13 Demurrer, Motion to Strike 779
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.13
Excerpt: ...es that Plaintiffs' 4 th cause of action for retaliation, 9 thcause of action for wrongful termination and 10 th cause of action for discrimination are barred by the doctrine of collateral estoppel. Plaintiffs filed a lawsuit in federal court on 8/28/14 alleging wage and hour violations, discrimination and retaliatory firing claims. The court granted summary judgment on the ground that Plaintiffs failed to raise a genuine issue of material fact t...
2018.7.13 Demurrer 771
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.13
Excerpt: ... alleges that he worked for Defendant between February 2014 and April 2016 and asserts class-wide claims for (1) violation of Labor Code §§ 510 and 1198 (unpaid overtime); (2) violation of Labor Code §§ 226.7 and 512(a) (unpaid meal period premiums); (3) violation of Labor Code § 226.7 (unpaid rest period premiums); (4) violation of Labor Code §§ 1194, 1197, 1197.1 ( unpaid minimum wages); ( 5) violation of Labor Code §§ 201 and 202 ( fi...
2018.7.13 Motion for Summary Adjudication 731
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.13
Excerpt: ... on Health & Safety Code § 1278.5; Lab. Code §§ 98.6 and 1102.5; and Gov. Code, § 8547. As stated in their motion, Defendant “seeks summary adjudication of issues pertaining to one discrete adverse action buried deep within the Second Amended Complaint (“SAC”): a 10% reduction in Plaintiff Peter H. Breen, M.D.'s salary effective with his paycheck of July 31, 2008.” (ROA 678, 9:4-7, emphasis in original.) Specifically, Defendant assert...
2018.7.13 Motion to Compel Further Responses 866
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.13
Excerpt: ...ion, custody and control pursuant to CCP § 2031.010, which included Plaintiff's timesheets and payroll registers from June 2, 2013 to November 12, 2016. Defendant's supplemental responses support this: Defendant referred Plaintiff to Plaintiff's wage statements and payroll registers previously produced, and then states that it “will produce all responsive documents in its possession, custody, or control not previously produced.” In Defendant...
2018.7.6 Motion to Disqualify Counsel 101
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.7.6
Excerpt: ...g before it, in every matter pertaining thereto. [D]isqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one's choice must yield to ethical considerations that affect t...

747 Results

Per page

Pages