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2018.5.25 Demurrer, Motion to Strike 025
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ...on 6/30/10 against Defendants Mr. Heater, Inc., Enerco Group, Inc. (collectively “Enerco”), and Lowe's HIW, Inc. alleging unfair competition, false advertising and violation of the Consumer Legal Remedies Act (CLRA). Plaintiff claimed that representations by defendants that the heaters that are the subject of this litigation were safe and approved for indoor use were false and misleading under Section 19881 of the Health and Safety Code, whic...
2018.5.25 Demurrer 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.25
Excerpt: ... Westminster, CA (the "Property"), and that on February 28, 2017, a Grant Deed was recorded bearing recordation number 2017000083866, purporting to transfer fee title in the Subject Property from Brookhurst to Defendant JVS Development LLC ("JVS"). (FAC ¶¶ 1, 32(a), Exh. 10.) In the demurrer, Brookhurst argues that Plaintiff's judicial admissions that Plaintiff was the sole owner of the Property and that it did not transfer its fee interest to ...
2018.5.18 Motion to Tax and Strike Costs, for Attorney's Fees 984
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...y necessary to the conduct of the litigation,” pursuant to CCP § 1033.5(c): (1) service of process costs for witness Jonathan Lundberg ($1,591); and (2) the last entry for service of process of deposition subpoenas of Gabrielle Fields and Donald Fields ($1,169). In addition, the following costs are taxed as not allowable costs pursuant to CCP §§ 1033.5(b)(1), (3), and (5): court-ordered transcripts ($3,931); and the costs claimed in the “o...
2018.5.18 Motion to Strike or Tax, for Attorney's Fees and Costs 532
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...ssues, the most significant of which related to findings relating to alter ego and joint employer status. The motion is DENIED. 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 rende...
2018.5.18 Motion to Deem Counsel Inadequate and or Disqualify, Appoint Liaison, for Preliminary Approval of Settlement, Compel Arbitration 865
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...LEMENT The motion for preliminary approval of class action settlement brought jointly by Plaintiffs Daisy Martinez and Douglas Lindgren and Defendant Inter-Con Security Systems is DENIED. Background The present motion for preliminary approval is the second effort by these parties to obtain approval of a settlement. The first effort occurred in October 2017 when a motion for approval of a PAGA settlement (in what was then known as the Ball case) w...
2018.5.18 Motion to Compel Further Responses, Request for Production of Docs, for Protective Order 913
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...e conditioned on the proposed protective order (see Motion No. 2). The responses at issue before the Court are Defendant's further supplemental responses to Plaintiff's second set of document demands which consist of 65 demands. It appears that there is only one Request – No. 25 – to which Defendant asserted only objections without ever providing a substantive response. This Request states: “Any and all DOCUMENTS RELATING TO YOUR ranking of...
2018.5.18 Motion for Temporary Relief from Stay 881
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...emporary relief from the stay in place for the Court to grant leave to file a third amended complaint which dismisses, without prejudice, the California Labor Code claims against Defendants Amazon.com, LLC, Amazon Logistics, Inc. and Amazon Fulfillment Services, Inc. (“Amazon Defendants”). Plaintiffs included the proposed Third Amended Complaint, as Ex. 1 to the Ehmann Declaration. (ROA 298, Ex. 1) Plaintiffs contend that this amended pleadin...
2018.5.18 Motion for Summary Judgment 966
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ...iffs' Complaint for Professional Negligence is GRANTED. Except for Defendant's objections based on the parol evidence rule, Defendant's objections are all OVERRULED by virtue of its failure to adhere to Rule of Court 3.1354(b) which requires the objecting party to quote or set forth the objectionable material. The Parol Evidence Rule is rule of a substantive law, not of evidence, and not dependent on objections. (Casa Herrera, Inc. v. Beydoun (20...
2018.5.18 Motion for Award of Service Expenses and Sanctions, to Compel Deposition, Production of Docs 334
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.18
Excerpt: ... counsel regarding Lumanlan's obligation to file a responsive pleading in February and March, and mailed Defense counsel a Notice and Acknowledgment of Receipt. (ROA 152, ¶¶ 9-13, Ex. A.) However, there is no evidence that Defense counsel agreed to accept service on Lumanlan's behalf. Indeed, in opposition, Defense counsel confirms that Mohajerian APC had not been engaged to represent Lumanlan and it was not authorized to accept service on beha...
2018.5.11 Motion for Preliminary Approval of Class Action Settlement 331
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.11
Excerpt: ...issue identified below. Any supplemental briefing shall be filed no later than June 1, 2018. When responding to the issues, please identify the items of concern by number. If a revised Settlement Agreement is submitted, a redline version showing all changes, deletions, and additions shall be submitted as well. Item 3. The Release Language in § 1.31. Despite the instruction in the 3/23/18 Minute Order, the parties left the phrase “or could have...
2018.5.11 Demurrer 118
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.11
Excerpt: ...ns Code § 17200 et seq. (Unfair Competition Law) Business & Professions Code section 17200 (“UCL”) prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Under the unlawful prong, a violation of law may be actionable as unfair competition under § 17200. (Lueras v. BAC Home Loans Servicing, Inc. (2013) 221 Cal.App.4 th 49, 81.) “An unfair business practice occurs...
2018.5.11 Motion for Summary Adjudication 731
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.11
Excerpt: ..., § 8547.10(c), which was enacted after § 818, specifically states "any person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a university employee, including an officer or faculty member, or applicant for employment for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court w...
2018.5.11 Motion to Consolidate, for Preliminary Approval of Amended Class Action Settlement 725
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.5.11
Excerpt: ... Exh. A to the 04/03/18 Notice of Errata. (ROA 831.) The Court appoints Capstone Law APC as lead counsel to communicate with Defendant and the Court on behalf of all Plaintiffs. The firms of Finkelstein, Blankinship Frei-Pearson & Garber, LLP and Keller Grover LLP, which are also identified in the Consolidated Complaint as “Proposed Co-Lead Collective and Class Counsel” may assist the Capstone firm, as necessary. The primary point of contact,...
2018.4.27 Motion to File Under Seal 865
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ...ollowing findings: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Inter-Con's primary arguments in support...
2018.4.27 Motion for Summary Judgment, to Compel Further Responses 966
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ... Custom Woodworking, Inc. Navigators' Motion for Summary Judgment The Court GRANTS Defendant and Cross-Complainant Navigators Insurance Company's (“Navigators”) motion for summary judgment as to its Cross-Complaint for Rescission, etc. against Plaintiffs and Cross-Defendants Michael Favreau (“Favreau”) and Favreau Custom Woodworking, Inc. (“FCW”), and also GRANTS Navigators' summary judgment motion on Plaintiffs' Complaint based on it...
2018.4.27 Motion for Sanctions 269
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ....” Specifically, he seeks relief pursuant to CCP § 2023.010(d)-(g) which allows sanctions for “misuses of the discovery process,” including “(f) making an evasive response to discovery” and “(g) disobeying a court order to provide discovery.” While Plaintiff argues that Defendant has engaged in a pattern of discovery abuses, for the purposes of this motion the Court focuses on Plaintiff's ongoing efforts to obtain class contact inf...
2018.4.27 Motion for Preliminary Approval of Good Faith Determination 909
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ...ing all changes, deletions and additions shall be submitted as well. The motion for preliminary approval and the settlement agreement refer to the filing of a motion for leave to file a second amended complaint. No such motion currently is on file. If the parties wish to file a stipulation regarding the filing of a second amended complaint in the form which is attached as Exhibit B to the Declaration of Eric Yaeckel, the Court will approve it. As...
2018.4.27 Motion for Approval of Class Settlement, for Attorneys' Fees 780
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ...approval of class action settlement is GRANTED, as modified below. The Court finds the settlement fair, adequate and reasonable. Administrative costs are approved in the amount of $9,500. The Notice provided that Administrator fees would not exceed $9,500, so any excess fees must come from sources other than the $175,000 maximum settlement amount. The Court finds $49,000 (28% of the maximum settlement amount) to be a reasonable amount for attorne...
2018.4.27 Demurrer, Motion to Post an Undertaking 428
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.27
Excerpt: ...d C, judicial notice is granted only as to their existence and will not extend to the truth of any statements therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1566; Bach v. NcNelis (1989) 207 Cal.App.3d 852, 865.) Plaintiffs Rimrock High Income PLUS (Master) Fund Ltd. and Rimrock Low Volatility (Master) Fund Ltd. (“Rimrock”) allege the following two causes of action against Defendants Jefferies, LLC and Jefferies International Limi...
2018.4.20 Motion to Compel Further Responses 865
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.20
Excerpt: ... 38, 46-49, 57 and 61, and Request for Production of Documents nos. 5-79) and requested sanctions of $4,785 against Defendant and its counsel in connection with each of the two motions. The hearing has been continued twice as the parties have been meeting and conferring and providing further responses. As a result, as far as the Court can determine, the issues are narrowed to the following requests for production of documents (Nos. 1-3) and speci...
2018.4.20 Motion to be Relieved as Counsel 682
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.20
Excerpt: ...serve a proposed order pursuant to Cal. Rules of Court, Rule 3.1362(e). On or before April 30, 2018, counsel is ordered to file an amended notice of motion and motion, a proposed order, and proof of service showing that all of the documents were served on the client and other parties in this matter. ...
2018.4.20 Motion for Summary Adjudication 018
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.20
Excerpt: ...ons to the Navarro Declaration (ROA 152) are all OVERRULED. In the First Amended Complaint, Plaintiff alleges, among other things, various Labor Code violations, including that Defendant R.J. Noble Company failed to pay Plaintiff for all hours worked, including time spent loading materials, fueling the trucks, preparing tools and equipment, traveling to and from the job sites, waiting time, and driving for over 8 hours straight if such time was s...
2018.4.6 Motion for Summary Judgment, Adjudication 651
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.6
Excerpt: ...l not extend to any hearsay statements contained therein. The Court DECLINES to rule on any objections (ROA 1968) because “the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Insurance Defendants previously filed two motions for summary judgment/summary adjudication against Plaintiffs based on the Fourth Amended Complaint, which had remaining a single cause of ac...
2018.4.6 Motion for Summary Adjudication 107
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.6
Excerpt: ...ss- Complaint is DENIED in its entirety. With respect to the request of Plaintiffs/Cross- Defendants Linda M. Rodger and Nancy Ann Maggio as Co-Trustees of The Virginia Richards Revocable Intervivos Trust Dated May 1, 1986 and North County BRS Project, LLC (collectively, “BRS”) for judicial notice (ROA 123), the Court GRANTS judicial notice of Exhs. B-C and J, except that judicial notice will not extend to any hearsay statements contained the...
2018.4.6 Motion for Award of Prejudgment Interest, Attorney Fees 754
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.6
Excerpt: ...amages is vested in the plaintiff on a particular day. (Civil Code § 3287(a).) The test for determining “certainty” is whether Defendants actually know the amount owed or could have computed the amount from reasonably available information. (Wisper Corp. v. California Commerce Bank (1996) 49 Cal.App.4th 948, 960.) The “certainty” requirement concerns whether there is a factual dispute about the amount of damages, regardless of whether th...

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