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2018.6.29 Motion to Dismiss or Stay Action 737
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.29
Excerpt: ...this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) Defendant bears the...
2018.6.29 Motion to Compel Arbitration 984
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.29
Excerpt: ...Amended Consolidated Complaint for civil penalties is GRANTED. Defendant's request for judicial notice is GRANTED. Defendant's motion to strike Plaintiffs' Opposition is DENIED. Plaintiff Borrego executed an arbitration agreement on 9/8/12 which provides in pertinent part (ROA 622, Perches Decl., Ex. A): 3. Arbitration. I agree that any dispute or controversy arising out of, relating to, or concerning my employment shall be settled by arbitration...
2018.6.29 Motion to Appoint Settlement Referee 795
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.29
Excerpt: ...to compel responses. In particular, Plaintiffs filed a Motion to Compel Further Discovery Responses regarding written discovery on April 5, 2017, and sought a hearing before Judge Stock, the discovery referee. However, the Motion to Compel was never heard due to the stay. Plaintiffs have also filed a motion to compel depositions of 137 defendants. Trial has been set for 5/13/19; Plaintiffs express concern that they will not have sufficient time t...
2018.6.29 Motion for Preliminary Approval of Class Action Settlement 534
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.29
Excerpt: ...ing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. If a revised settlement is submitted, please ensure that it is signed by all parties, as the “Stipulation of Settlement” submitted with the original papers was not signed by Mr. Flores or Mr. De La Paz. (Oddly, Jose Guevara signed the agreement, even though the agreement states that his claims are being resolved in a separate agreement.) 2. Based on ...
2018.6.22 Motion to Lift Stay 903
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.22
Excerpt: ...from June 13, 2010 through trial. The parties do not dispute that lifting the stay is proper; instead, they dispute the scope of Plaintiff's remaining claim after the Tsengsettlement. In Tseng v. Nordstrom, Inc., United States District Court, Central District of California, Case No. 11-cv-08471, the court approved a settlement on 1/8/18, releasing the seating claims under PAGA for “all non- exempt individuals who worked as a salesperson in a No...
2018.6.22 Motion for Prejudgment Order of Possession 568
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.22
Excerpt: ...he OCTA is entitled to the requested relief if the Court finds that (a) OCTA is entitled to take the Subject Property Interest by eminent domain; and (b) OCTA has deposited an amount sufficient to cover the probable amount of compensation that will be awarded. (CCP § 1255.410; see also CCP § 1255.010(a).) In this case, the Property is being taken for the Interstate-405 Improvement Project between State Route 73 and Interstate 605. There is no d...
2018.6.22 Motion for Final Approval of Class Action Settlement, for Attorneys' Fees 876
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.22
Excerpt: ...nd awards this amount. Set forth below is an explanation of how the Court determined this amount. Costs are awarded in the amount of $11,919.34. Plaintiff is awarded an enhancement of $4000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors. Pursuant to CCP § 384(b), Plaintiff shall submit to the Court a final rep...
2018.6.22 Demurrer 931
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.22
Excerpt: ...h respect to the first cause of action, Defendant argues that it (1) has governmental immunity pursuant to Gov't Code § 818.6, and (2) that the “constructive notice” allegation is uncertain. Gov. Code § 818.6 states: “A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than its property (as defined in subdivision (c) of S...
2018.6.15 Motion for Prejudgment Possession 501
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...ions of David B. Cosgrove and Scott A. Lidgard is DENIED, pursuant to Cal. Rules of Ct., Rule 3.1113(l) (requests for judicial notice must be made in a separate document). However, because judicial notice is generally not required for documents that are part of the Court's own files, and inasmuch as Defendants include these documents as an exhibit to their opposition, the Court has separately considered these documents as evidence supporting the ...
2018.6.15 Motion for Preliminary Approval of Class Action Settlement 109
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...vised 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. At final approval please submit billing records for fees and costs. The Court will not be inclined to award an amount of fees and costs greater than the amounts stated in the class notice. 2. At final approval Plaintiff is to provide a declaration addressing the ...
2018.6.15 Motion to Clarify, Modify Protective Order 680
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...OA 1756) is GRANTED. This motion is related to the pending motion in Kurtin v. Gulfstream to compel production. Only Defendant Bruce Elieff opposes this motion, but not on substantive grounds such as relevancy or privacy/confidentiality concerns. Further, Elieff fails to demonstrate any purported prejudice if this motion is granted. Instead, Elieff argues that by recently retaining Gray1's counsel, Robert Odson, Kurtin is trying to circumvent the...
2018.6.15 Motion to Compel Compliance 758
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...Requests”) Nos. 6 - 11 and produce all documents relating to discovery responses prepared by any party or third-party in the related Gray1Action (Case No. 2010-00361680) is GRANTED. Defendant is ordered to produce the documents identified below no later than June 29, 2018, unless the parties agree to a different deadline. Plaintiff's request for judicial is GRANTED. (ROA 456) The current documents at issue, pursuant to Plaintiff's Reply (ROA 47...
2018.6.15 Motion to Compel Deposition, to Seal 865
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...and Motion to Seal Confidential and Trade Secret Information Filed by Daniel Piggue in Support of Opposition to Second Amended Motion for Preliminary Approval of Class Action Settlement Motion to Compel Deposition Plaintiff Piggue's motion to compel the deposition of Defendant Inter-Con's person most knowledgeable (PMQ) is GRANTED. Plaintiff's request for sanctions is DENIED. This is a motion that did not need to be bought and probably would not ...
2018.6.15 Motion to Expunge Lis Pendens 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...unging a lis pendens. A court “shall” grant a motion to expunge if either of the following conditions exists: (1) The pleading upon which the lis pendens is based does not contain a real property claim (CCP §405.31); or (2) The claimant has not established by a preponderance of the evidence the probable validity of the real property claim (CCP §405.32). At the heart of Plaintiff's Complaint in this action is a claim for Quiet Title. Because...
2018.6.15 Motion to Strike Complaint 608
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.6.15
Excerpt: ...ctrodes coming off of the silicon carbide resistor during operation” and “(4) resistance increasing randomly during operation.” According to Defendant, because these allegations involve what supposedly occurred once the spark plugs were put into operation (i.e., used in an actual airplane engine), and because this Court has already ruled that post- manufacturing operational problems are not covered by 14 C.F.R. § 21.316(c) (the sole regula...
2018.5.25 Motion to Deny Class Certification 175
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ... factual disputes likely to be presented, and decide whether individual or common issues predominate.” Brinker Restaurant Corporation v. Superior Court (2012) 53 Cal.4th 1004, 1025. “The certification question is essentially a procedural one that does not ask whether an action is legally or factually meritorious. A trial court ruling on a certification motion determines whether ... the issues which may be jointly tried, when compared with tho...
2018.5.25 Motion to Compel Individual Arbitration, Stay Action 269
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...Decl., ¶ 6.) The only issue is whether Defendant has waived its right to compel arbitration. The Court concludes that based on the factors stated in Saint Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4 th1187 and other applicable case law, Defendant has acted inconsistently with its right to compel arbitration resulting in prejudice to Plaintiff. (See Hoover v. American Income Life Ins. Co., (2012) 206 Cal. App. 4th 1193, 1203 ...
2018.5.25 Motion to Compel Compliance 758
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...nt Requests”) Nos. 6 – 11, and produce all documents relating to discovery responses prepared by any party or third-party in the related Gray1 Action (Case No. 2010-00361680) is CONTINUED to June 15, 2018 at 9:00 a.m. Since filing the motion, the issues have been somewhat narrowed to the production of the following documents which were produced in the Gray1 Action but have not yet been produced here:  Blackstar production, Bates BLK 1-4294...
2018.5.25 Motion for Determination of Prevailing Party 965
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...n Pay; (2) Age Discrimination: (3) Breach of Contract- Employment Agreement; (4) Breach of Contract-Stock Purchase Agreement; (5) Fraud; (6) Trespass: (7) Conversion; (8) Invasion of Privacy; and (9) Elder Abuse. Hutton Development Co., Inc. and Christopher J. Felix were named as the cross-defendants. Following a DSLE hearing on the vacation pay issue (at which he was awarded $1,000 in waiting time penalties), Bellavia abandoned the vacation pay ...
2018.5.25 Motion for Attorney Fees 300
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...CP § 1021.5, a party may recover attorney fees when an action has resulted in the enforcement of an important public right, a significant benefit has been conferred on the general public or a large class of persons, private enforcement was necessary and the financial burden of private enforcement warrants subsidy of the successful party's counsel. Keep Our Mountains Quiet v. County of Santa Clara (2015) 236 Cal.App.4th 714, 736. It is well recog...
2018.5.25 Motion for Approval of Settlement Agreement, Award of Attorney's Fees 480
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...es that 30% of the settlement amount is appropriate in this case. Among other things, the hourly rates of all the attorneys working on the case is high (out of 13 timekeepers, the lowest rate is $400 per hour notwithstanding the attorney's experience or qualifications), and there appears to be some duplication of work among the many attorneys. As to this latter point, Plaintiff's counsel failure to comply with the Court's May 4, 2018 request that...
2018.5.4 Petition to Compel Arbitration, Stay Proceedings 153
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.4
Excerpt: ...n are SUSTAINED. All other evidentiary objections are OVERRULED. This petition centers on an arbitration provision found in the Terms of Use that Ticketmasters' website users supposedly agree to when they purchase tickets on that site. In this case, the tickets purchased by Plaintiffs were to the ill-fated Route 91 Harvest Festival concert in Las Vegas in October, 2017. The Terms of Use here are of the “browsewrap” variety. A browsewrap agree...
2018.5.4 Petition to Compel Arbitration 964
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.4
Excerpt: ...tive bargaining agreements (CBAs), the 2016-2020 Master Labor Agreement and the 2016-2019 Memorandum Agreement. Defendants contend that Article IX of the Master Agreement provides for the arbitration of alleged wage and hour violations under Wage Order 16, and that because the Memorandum Agreement incorporates the Master Agreement by reference, the claims in this case are subject to arbitration under the grievance and arbitration provisions of th...
2018.5.4 Motion to Vacate Award 773
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.4
Excerpt: ..., the Court granted Defendants' motion to compel arbitration of the 1 st- 5 th causes of action, and stayed the trial court proceedings on the PAGA claim. In connection with their briefing on the motion to compel arbitration, the parties agreed that the arbitrator would decide whether the asserted class claims are arbitrable. On March 5, 2018, the Arbitrator concluded that “there is a contractual basis upon which to conclude the Parties intende...
2018.5.4 Motion for Reconsideration 488
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.4
Excerpt: ... declaration stating the previous order, by which judge it was made, and the new or different facts, circumstances or law claimed to exist. (CCP § 1008(a).) “[T]he party seeking reconsideration [must] provide both newly discovered evidence and an explanation for the failure to have produced such evidence earlier.” (Berman v. Health Net (2000) 80 Cal.App.4th 1359, 1369.) The requirements of CCP § 1008(a) have not been satisfied here. The mot...

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