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 700,25
Array
(
)
2018.4.20 Motion for Class Certification 850
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.20
Excerpt: ...w evidence), finding that Plaintiff failed to establish the elements of commonality, superiority and ascertainability. Specifically, the Minute Order states: “Whether a putative class member may allege a violation of CC § 1940.1 or CC § 52.1 against Defendant is a threshold question that will require individualized scrutiny – i.e., on the day a putative class member was forced to check out, was the facility the primary residence for at leas...
2018.4.19 Motion for Class Certification 850
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.19
Excerpt: ...w evidence), finding that Plaintiff failed to establish the elements of commonality, superiority and ascertainability. Specifically, the Minute Order states: “Whether a putative class member may allege a violation of CC § 1940.1 or CC § 52.1 against Defendant is a threshold question that will require individualized scrutiny – i.e., on the day a putative class member was forced to check out, was the facility the primary residence for at leas...
2018.4.13 Petition to Compel Arbitration 018
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.13
Excerpt: ...rbitration. The Court GRANTS Defendants' motion, noting that Defendants have agreed to waive the Limitations Period in Section 2 of Article VII of the Collective Bargaining Agreement. Defendant's request (ROA 117) for judicial notice is GRANTED. Plaintiff's request (ROA 129) for judicial notice is GRANTED. Plaintiff's objection (ROA 143) to the evidence Defendants submitted on reply, consisting of the prior February 1, 2012 to January 31, 2015 CB...
2018.4.13 Motion to Enforce Compliance 554
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.13
Excerpt: ...17; as of August 2, 2017, 4 putative Class Members had opted out. (The current total number of opt- outs is 5, per Ex. A to the Martinez Decl.) Thereafter, Defendant turned over a class list with names and addresses only, refusing to provide phone numbers. At the 1/10/18 Status Conference, the Court ordered Defendant “to provide the putative class member phone numbers to plaintiff no later than 1/31/18.” (ROA 86) Alternatively, Defendant was ...
2018.4.13 Motion for Summary Adjudication 903
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.13
Excerpt: ... Unpaid Overtime; (2) Unpaid Minimum Wages; (3) Non-Complaint Wage Statements; (4) Unpaid Business Expenses; (5) Wages not timely paid on termination; (6) Unlawful Wage Deductions; (7) Failure to Provide Seating; (8) PAGA claims; and (9) Violation of B&P Code § 17200. All of these claims stem from Plaintiff's allegations that she was not compensated for off-the-clock (“OTC”) time that she spent working at home and going through the bag-check...
2018.4.10 Motion for Reconsideration 823
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.4.10
Excerpt: ...800 Battery (“1-800”), Richard Keller et al seeking, among other things, quiet title to the property. In this lawsuit, Plaintiffs contend that Defendant Lazo was authorized on behalf of 1-800 to sell the property to Plaintiffs, and that “Plaintiffs purchased the Property in good faith and for value, without actual or constructive notice of any adverse claim to the Property.”(FAC ¶¶ 17, 20) A subsequent action, 16-879920 (the “2016 Act...
2018.3.23 Motion to Compel Arbitration 881
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ... class claims set forth in first through seventh causes of action, to allow him to proceed in court with his eighth cause of action for PAGA violations, and to deny the motion to arbitrate as moot. (ROA 271.) Although it is not expressly stated, the Court construes Petersson's request to dismiss the first through seventh causes of action as a request to dismiss the claims in their entirety—both class and individual claims. Petersson is to confi...
2018.3.23 Motion for Approval of Class Action Settlement 331
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...all be submitted as well. As to the Settlement: 1. Please provide estimates and calculations for the total potential value of all claims. Also, the class size of 1,983 was as of 07/31/17. (Settlement ¶¶ 1.39, 3.1.) Please provide an update on the class size and provide calculations based on the revised class size. 2. As to the requested enhancement payment, at final approval Plaintiff is to submit a declaration that addresses the factors set fo...
2018.3.23 Motion for Summary Judgment 813
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...elevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) The Court did not consider the federal district court cases against Holding Corp. in ruling on this motion, so specific orders and documents in those cases are not relevant. The threshold issue of whether Plaintiffs are employees of Imperial Girls and/or IEC is not at issue here. (ROA 122, Motio...
2018.3.23 Motion to be Relieved as Counsel, Entry of Judgment 680
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...ill be effective on the filing of the proof of service of the Order upon the client. Motion for Entry of Judgment The Court's current thinking is to GRANT the motion for entry of judgment and ACCEPT Gray1's proposed judgment because it better protects Gray1's right to be paid on its judgment lien before Gulfstream can obtain title and possession to the foreclosed properties. That being said, the Court is considering delaying entry of judgment in ...
2018.3.23 Motion to Strike Complaint 608
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.23
Excerpt: ...bers” 3. Para. 18, p. 4, l. 26: “and the Class Members” 4. Para. 18, p. 4, l. 27: “and the Class Members” 5. Para. 18, p. 5, l. 2: “and the Class Members” 6. Para. 19, p. 5, l. 5: “and the Class Members” 7. Para. 20, p. 5, l. 9: “and the Class Members” 8. Para. 21, p. 5, l. 11: “and the Class Members” [nos. 1-8 have already been deleted and are not found in the Corrected 6AC] 9. Para. 25, p. 5, ll. 25-26: “and is in a ...
2018.3.16 Motion to Tax Costs 682
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...
2018.3.16 Motion to Seal Documents 674
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...n the related case, OCSC no. 2016-00880632, the Court GRANTS in part and DENIES in part, as more specifically set forth in the ruling in the related case. The Court notes that the portions of the documents sought to be sealed are virtually the same, except that the page numbers may be different. With respect to those portions of the record receiving approval for sealing, the Court finds: (1) There exists an overriding interest that overcomes the ...
2018.3.16 Motion to Seal Documents 632
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... trust petition hearing. Two motions (ROA 275 and 295) were filed by Petitioner Deutsche Bank National Trust Company, solely as Trustee for the Securitized Asset Backed Receivables LLC Trust 2007-BR2 (“Trustee”) and two other motions (ROA 302 and 311) were filed by Non-Party WMC Mortgage, LLC (“WMC”). It appears that both the Trustee and WMC are seeking to seal the same or similar records, so the Court will consider the motions together. ...
2018.3.16 Motion for Approval of PAGA Settlement, Etc. 480
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...
2018.3.16 Demurrer, Motion for Protective Order 020
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...
2018.3.16 Demurrer 984
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ... Defendant's objections (ROA 596) are SUSTAINED. Defendant argues that Plaintiffs' claims are barred by the doctrine of res judicata. It argues that there was a court-approved settlement in a separate PAGA action - Thanh Le v. CashCall, Inc., Case No. 2014-00724582 (the “Le Action”), the Le Action was dismissed with prejudice, and both the settlement and dismissal covers the same PAGA penalties and same aggrieved employees over the same alleg...
2018.3.16 Demurrer 426
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.16
Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...
2018.3.9 Demurrer, Motion to Strike 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.9
Excerpt: ...econd and third causes of action in the Complaint pursuant to CCP § 425.16. Preliminary Issues Defendants' request for judicial notice is GRANTED. (ROA 10.) Plaintiff WRW Properties, LLC's request for judicial notice (ROA 54-58) is DENIED as to Exhs. 2-4, 6, 16, and 33-36, and GRANTED as to Exhs. 1, 5, 7-15, and 17-32. Defendants' objections (ROA 68) were considered in ruling on Plaintiff's request for judicial notice. With respect to the Meyer ...
2018.3.9 Motion for New Trial 682
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.9
Excerpt: ...larity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. [¶¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. [¶] When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the co...
2018.3.9 Motion to Compel Arbitration 089
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.9
Excerpt: ...ANTED as to Exh. 1 and DENIED as to Exhs. 2-3. (ROA 32.) Defendant's request for judicial notice is DENIED (ROA 36), and Plaintiff's objection is SUSTAINED (ROA 40). Furthermore, as to the exhibits denied, “[o]nly relevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) As an initial matter, Defendant correctly contends that the FAA applies to the ...
2018.3.9 Motion to Compel Further Responses 876
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.9
Excerpt: ...intiff and his counsel, jointly and severally. The requests in dispute essentially ask Plaintiff to produce all documents in support of the allegations in the operative complaint. There is good cause to seek documents related to Plaintiff's contentions. Once the moving party shows good cause to justify discovery of the requested materials, the burden shifts to the responding party to justify the objection. (Kirkland v. Superior Court (2002) 95 Ca...
2018.3.2 Motions to Compel Further Responses, to Strike 865
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.2
Excerpt: ... to Strike 4)Plaintiffs Daisy Martinez and Douglas Lindgren's Joinder in Defendant's Motion to Strike Before the Court is Defendant Inter-Con Security Systems, Inc.'s (“Defendant”) motion for an order striking from the record (1) Plaintiff Daniel Piggue's (“Piggue”) Opposition to Motion for Preliminary Approval and all papers filed in support thereof, and (2) and his Reply in support of Motion for an Order to Deem Counsel Inadequate and/o...
2018.3.2 Motion for Order of Prejudgment Possession 784
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.2
Excerpt: ...rt OVERRULES objection to ¶ 30 and SUSTAINS all other objections. The Court OVERRULES objections to the Fichter Declaration (ROA 51) and the Newman Declaration (ROA 79). The Court GRANTS Edison's request for judicial notice. (ROA 46.) General Law Where, as here, a motion for prejudgment possession is opposed, the Court may grant the requested relief if it finds each of the following: (A) The plaintiff is entitled to take the property by eminent ...
2018.3.2 Motion for Approval of Class Settlement 725
Location: Orange County
Judge: Claster, William D
Hearing Date: 2018.3.2
Excerpt: ...ine version showing all changes, deletions, and additions shall be submitted as well. Notwithstanding this continuance, the parties are required to appear on March 2 for the status conference in this case. As to the Settlement: 1. For those claims in the operative 4AC that are not part of this Settlement, Plaintiff intends to dismiss certain claims and pursue others. (Settlement ¶¶ 45, 78.) Moreover, on 02/27/18 Defendant filed a motion to cons...

747 Results

Per page

Pages