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2024.05.31 Petition for Writ of Mandate and Complaint 387
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...e in this action are Respondent City of Newport Beach's duties under Stats. 1978, ch. 74 (the “Land Grant”) which transferred title to tidelands and submerged lands in Newport Bay from the State to the City. Petitioner contends the City's 2021 approval of an environmental imp act report (EIR) for the CAD violated its ministerial duties under the Land Grant. It further contends the City's continuing applications to other agencies for permits t...
2024.05.31 Motion to Lift Stay and Proceed with PAGA Claim 958
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...f's motion is DENIED . After this motion was filed, the Court of Appeal, Second District, Division Five, issued a published opinion in Hernandez v. Sohnen Enterprises, Inc. (May 22, 2024, B323303) – Cal.App.5th – , 2024 WL 2313710. Hernandez holds that when an arbitration agree ment states it is governed by the FAA and makes no reference to the California Arbitration Act, “the procedures of the CAA, including section 1281.97, do not apply....
2024.05.31 Motion to Correct Clerical Error 856
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ..., only WnG shall be liable for the fee award in the November 27 order. I. Background The various defendants have filed two motions for expungement of lis pendens in this matter. In the first motion, defendants ConvergeOne, McKenna, Nachbor, Goncalves, Christopoulos, Ngo, Trinh and Hippard sought to expunge four lis pendens, along with an order assessing attorney's fees against WnG “and/or its attorneys of record.” (ROA 171 at p. 3.) The Cou...
2024.05.31 Motion to Compel Production 799
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.31
Excerpt: ...n's Notice of Motion and Motion to Compel Production to Plaintiff's Second Set of Requests for Production to Defendant Don Barnes as Orange County Sheriff and Supporting Documents ROA 875 MOTION TO COMPEL PRODUCTION Plaintiffs People for the Ethical Operation of Prosecuto rs and Law Enforcement (“P.E.O.P.L.E.”), Bethany Webb, Theresa Smith and Tina Jackson move to compel production of a memorandum of understanding (“MOU”) referred...
2024.05.24 Motion to Dismiss All Unserved Defendants 202
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.24
Excerpt: ... First Amended Complai nt. Assuming Plaintiff agrees to resubmit that Request for Dismissal with the corrections noted in the Court's May 20, 2024 e -filing rejection notice, then the present motion will be granted in full. Defendant Fawn Glen Community Association's unopposed motion to dismiss is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is granted as to Does 1 -200 (including former Doe 1, Powerstone Property Management,...
2024.05.24 Motion for Sanctions 056
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.24
Excerpt: ...ns under CCP § 12 8.5 against Moving Defendants and their counsel of record. For the reasons set forth below, Moving Defendants' motion for sanctions and Plaintiffs' request for sanctions are both DENIED. I. Moving Defendants' Motion for Sanctions A. CCP § 436 Per the noti ce of motion, Moving Defendants' motion is brought pursuant to both CCP § 128.7 and § 436. The opening memorandum is unclear on whether CCP § 436 is supposed to be an inde...
2024.05.17 Motion for Sanctions 539
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.17
Excerpt: ...024 (ROA 66), but not filed until April 25. Turning to the merits, Plaintiffs' complaint repeatedly alleges that they (and other consumers) purchased goods or services from “the ‘cisco.com' webpage operated by Cisco,” which the complaint defines as the “Website.” (See, e.g ., Compl. ¶ 1.) Cisco contends this allegation is frivolous because it is impossible to purchase goods or services from the Website, as defined. “A claim is fac...
2024.05.10 Demurrer to SAC 579
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.10
Excerpt: ...or leave to intervene in Urquidi v. City of Los Angeles, LASC No. 22STCP04044. Should Plaintiffs be denied leave to intervene in Urquidi, the Court will revisit the stay and the pending demurrer. A status conference will take place on August 23, 2024 at 10:30 a.m. The parties shall file a joint status conference statement by August 16, 2024. REQUESTS FOR JUDICIAL NOTICE As to LASC's initial request for judicial notice: the Court GRANTS notice of...
2024.05.03 Motion for Preliminary Approval of Class Action Settlement 664
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.03
Excerpt: ...ubmitted, a redl ine showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The 20% of the NSA allocated to AWS subclass members will be distributed on a workweeks basis. Does the subclass distribution count all workweeks worked by AWS subclass members, or only workweeks while they were subject to an AWS? 2. Waiting time subclass members will get credited with an extra six workweeks. For persons who are b...
2024.05.03 Motion for Preliminary Approval of Class Action Settlement 025
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.05.03
Excerpt: ...class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this set tlement? 2. Will employer -side taxes be paid separately from and in addition to the GSA, or will they be paid from the GSA? If the latter, please explain why they are paid fro...
2024.04.26 Demurrer 539
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.26
Excerpt: ...§ 1670.8 and (2) materials taken from Cisco's website, including the various service terms at issue. Notice of the legislative history is proper under Evid. Code § 452(c). Notice of the materials from Cisco's website is proper under Evid. Code § 452(h) given the lack of op position and the fact that both parties seeking notice of materials from Cisco's website suggest it is “not reasonably subject to dispute” that these are the full -servi...
2024.04.26 Motion for Final Approval of Class Action and PAGA Settlement 326
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.26
Excerpt: .... Administration costs in the amount of $12,511.43, per the administrator's declaration. 4. Payment to the LWDA of $3,750, representing the LWDA's share of the amount allocated to the PAGA claim. Please submit a revised proposed order that conforms to the foregoing for the Court's signature. GROUNDS FOR FEE AWARD Counsel requests a fee award of $146,800, or 40%, of the $367,000 GSA. Per the moving papers, counsel will receive $133,000 of the $333...
2024.04.26 Motion to Provide Curative Notice, Invalidate Settlement Releases, to Stay 251
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.26
Excerpt: ... -02883 and now pending in the United States District Court for the Northern District of California as No. 24 -cv -01678- SK. The motion is GRANTED, with the limited exception of Plaintiff Ronald Li's concurrent motion for curative notice and to invalidate settlement releases. The Court will decide that motion before fully staying proceedings. Defendant's unopposed request for judicial notice is GRANTED. GROUNDS FOR RULING I. Background This is a...
2024.04.19 Motion to Vacate Preliminary Injunction and for Preliminary Injunction 635
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.19
Excerpt: ...e motion is GRANTE D as to the request to vacate the current preliminary injunction. The motion is DENIED as to the request for a new preliminary injunction. As discussed below, this matter involves members of the Rhee family: decedent Henry Rhee, his wife Grace Rhee, their sons Thomas and Brian Rhee, and Thomas's wife Judy Ren. The Court refers to these persons by their first names for clarity. No disrespect is intended. EVIDENTIARY MATTERS I. ...
2024.04.12 Motion for Summary Judgment 699
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.12
Excerpt: .... Univ ersity of San Francisco (2024) 100 Cal.App.5th 75 should inform its analysis. In their supplement, “Plaintiffs recognize Berlanga's persuasive force on this Court” and concede that “their arguments may, ultimately, may need to be decided in this District's appellate court.” (ROA 369 at p. 3.) To be clear, Berlanga is not merely persuasive authority in this Court, it is binding. (See Auto Equity Sales, Inc. v. Superior Court (1962) ...
2024.04.05 Motion for Leave to Amend Complaint 825
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.05
Excerpt: ...s should be prepared to discuss the deadline for answering or otherwise responding to the 3AC. EVIDENTIARY MATTERS Defendant Orange County Health Authority dba CalOptima (“CalOptima”) has filed unnumbered evidentiary objections to the Prime Hospitals' evidence. The Court numbers them sequentially for the purposes of ruling on them. 1. Overruled. 2. Overruled. 3. Sustained on hearsay grounds as to the sentence “The judgment was entered afte...
2024.04.05 Motion for Approval of PAGA Settlement 457
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.04.05
Excerpt: ...nes, and to maximize enforcement of state labor laws.” (Moniz v. Ade cco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) Because it appears Defendant provided Pick Up Stix releases to employees in both English and Spanish, the Court will require that notice of this settlement be given in both English and Spanish. The Court approve s the following distributions: 1. Attorneys' fees and litigation costs in the amount of $108,750. The grounds for this awa...
2024.03.29 Motion for Preliminary Approval of Class Action Settlement 431
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ed, a redline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre - filing letter to the LWDA . 2. Are there any other actions, whether individua l, class, or PAGA (including in the pre -filing LWDA stage) that may be affected by this settlement? 3. Please provide 60 days, rathe...
2024.03.29 Motion for Final Approval of Class Action Settlement, for Attorney Fees 072
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.29
Excerpt: ...ble result in light of the quality of the result obtained, the work performed by class counsel, a review of the billing records provided, and the estimated lodestar. In approving this amount and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by class counsel. 2. Litigation costs in the amount of $40,571.39, the full amount sought. 3. An enhancement of $2,500 to Plaintiff. In making ...
2024.03.22 Motion to Dismiss Action 903
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.22
Excerpt: ...for a properly noticed deposition. In a minute order dated January 27, 2023, the Court granted Defendant's motion to compel and ordered her to sit for deposition by February 17, 2023. (ROA 164.) Defendants renoticed Doe's deposition for February 15, 2023. This notice was electronically served on her counsel of record. (Lakhman Decl. Ex. 4.) On February 10, defense counsel followed up with a Zoom link for the deposition (which was to be conducted ...
2024.03.22 Motion for Summary Adjudication 078
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.22
Excerpt: ...this portion of his claim. For the reasons set forth below, the motion is GRANTED. PRELIMINARY MATTERS Because the evidence objected to is immaterial to the Court's ruling, the Court declines to rule on the parties' evidentiary objections. However, the Court must comment on Disney's “Objections to Purported Evidence Submi tted by Plaintiff in Support of His Separate Statement of Undisputed Material Facts,” which are included in Disney's reply...
2024.03.22 Motion for Preliminary Approval of Class Action Settlement 702
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.22
Excerpt: ...tice is submitted, a redline showing all changes, deletions an d additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide copies of Plaintiffs' pre -filing letters to the LWDA. 2. Please provide proof of service o f the original settlement papers on the LWDA. Paragraph V of the agreement requires Plaintiffs to serve the LWDA, but the proof of s...
2024.03.22 Demurrer, Motion to Compel Arbitration 155
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.22
Excerpt: ...led a statement that would file an amended answer by the hearing date. As of the day before the hearing, the Court has no record of the amended answer having been filed. The Court takes Defendant's failure to oppose the demurrer as a concession, and on that basis sustains the demurrer. Defendant shall file an amended answer by April 2, 2024. For a complete record, Defendant shall also file by April 2 its original answer as no such filing can be f...
2024.03.15 Motion to Compel Responses, for Monetary Sanctions 179
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.15
Excerpt: ...d on Defendant Beverly Mitchell; Request for Monetary Sanctions Against Beverly Mitchell in the Amount of $1,560.00 ROA 832 3. Plaintiff Zenith Insurance Company's Notice of Motion and Motion to Compel Responses to Requests for Productions, Set One Propounded on Defendant Beverly Mitchell; Request for Monetary Sanctions A gainst Def endant Beverly Mitchell in the Amount of $1,560.00 ROA 833 Zenith Insurance Company has filed three motions co...
2024.03.15 Motion for Preliminary Approval of Class Action Settlement 571
Location: Orange County
Judge: Claster, William D
Hearing Date: 2024.03.15
Excerpt: ...edline showing all changes, deletions and additions must be submitted as well. In addition, please provide proof of service of any revised agreement on the LWDA. As to the Settlement: 1. Please provide copies of all PAGA notice letters sent by Plaintiff to the LWDA. 2. Per a notice of related cases, there are two cases in Los Angeles titled Garibaldo vs. Ware Disposal, Inc. that are related to this matter. How will this settlement affect the Gari...

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