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2022.08.24 Demurrer 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.24
Excerpt: ...irst Action, the Court will determine whether the case can proceed and whether leave to amend will be permitted. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A demurrer lies when there are two actions pending in California state courts “between the same parties on the same causes of action.” (CCP § 430.10(c).) “In determining whether the causes of action are the same for purposes of pleas in abatement...
2022.08.24 Motion for Leave to Amend Petition for Writ of Mandamus and Complaint 589
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.24
Excerpt: ...�Extraction Fee.” The motion is otherwise granted in its entirety. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers ...
2022.08.19 Motion to Compel Arbitration, Dismiss PAGA Claims and Stay Proceedings 736
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.19
Excerpt: ...he August 19, 2022 hearing (either in person or via Zoom) to discuss the issues set forth below. The Court notes the existence of a related class action, Salcido v. NJOORD, No. 22- 1258984. It appears Plaintiff Frederick Salcido erroneously filed his opposition documents in the class action instead of this case. Because no prejudice will result if the Court considers the misfiled documents, the Court will exercise its discretion to consider them....
2022.08.12 Motion to Compel Arbitration, to Dismiss PAGA Claims, Stay Action Pending Arbitration 762
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.12
Excerpt: ...ntiff Maria Ruiz's Individual PAGA Claim; (2) Dismiss Plaintiff's Non-Individual PAGA Claims; and (3) Stay Action Defendant Chartwell Staffing Services, Inc. has filed two motions to compel arbitration, one against Plaintiff Moises Mendoza and one against Plaintiff Maria Ruiz. Defendants Laguna Cookie Company, Inc. and D.F. Stauffer Biscuit Co., Inc. (collectively, “Laguna Defendants”) move to join in Chartwell's motions and have filed their ...
2022.08.12 Motion to Compel Arbitration 245
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.12
Excerpt: ... The Court rules as follows: 1. Defendants' motion to compel arbitration is GRANTED. Plaintiffs are ordered to separately arbitrate their individual PAGA claims. 2. This case is STAYED until Plaintiffs' individual arbitrations conclude. 3. Defendants' request to dismiss Plaintiffs' representative PAGA claims is DENIED without prejudice to reconsideration when the stay is lifted. An arbitration review conference will take place on March 15, 2023 a...
2022.08.05 Motion to Maintain Confidentiality and Seal Protected Docs 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ...rted failure to warn of dangers allegedly associated with Korlym, a name-brand drug it manufactures. Exhibit D to the Moccio Declaration is a compilation of “MedWatch” reports—adverse event reports submitted by Corcept to the FDA as part of Corcept's mandatory reporting duties. These reports were obtained by Plaintiff in the course of discovery. She relied on them in her motion for leave to file a fourth amended complaint, and the Court gra...
2022.08.05 Motion to Contest Good Faith Determination 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ... Alltops, Inc. dba All-Tops Roofing; and Qwest Drywall (collectively, the “Settling Parties”). For the reasons set forth below, Wolfenden's motion is DENIED. I. Factual and Procedural Background The underlying complaint in this action sounds in negligence, contract, and misrepresentation. Defendant Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contracto...
2022.08.05 Demurrer 461
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ...essional negligence), eleventh (intentional infliction of emotional distress), twelfth (unjust enrichment), thirteenth (unfair insurance practices), fourteenth (declaratory relief), and fifteenth (punitive damages). CDA contends (1) Wright fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)), and (2) Wright's complaint is uncertain, ambiguous, or unintelligible (CCP § 430.10(f)). For the reasons set forth below, the...
2022.07.28 Demurrer to TAC, Motion for Leave to File Amended Complaint, to Continue Trial 139
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...l first address the demurrer, then the motion for leave to file a 4AC, then the trial continuance motion. That is, the scope of permitted amendment for the 4AC will be informed by the Court's ruling on the demurrer to the 3AC. In opposition to the demurrer, Olen argues that if the Court grants leave to amend, “this demurrer will be moot.” (Demurrer Opp. at p. 2.) The Court will not permit Olen to avoid a potentially meritorious demurrer to th...
2022.07.28 Demurrer 761
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...are Anaheim, LLC, San Bernardino SC NO. CIVSB2127232. JUDICIAL NOTICE Both sides ask the Court to take judicial notice of superior court rulings regarding PAGA claims based on the HWHFA. In their papers, the parties cite these rulings for their perceived persuasive value. “Even assuming for the sake of argument that [these cases] involve[] the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value...
2022.07.28 Demurrer, Motion to Strike 281
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...S MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00823625. Admiral had issued a professional liability policy in favor of Care West that insured both Care West and Jarvis. Cross-Complainants tendere...
2022.07.28 Motion for Leave to File Amended Complaint 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...nd including trial.” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) But the policy of liberality does not apply “[w]here inexcusable delay and probable prejudice to the opposing party is shown.” (Estate of Murphy (1978) 82 Cal.App.3d 304, 311.) Leave to amend may be denied where amendment would be futile (see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230), but “the preferable practice would be to permit the amend...
2022.07.28 Motion to Compel Further Deposition Answers 611
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...ant to this motion and somewhat confusing. The Court recounts facts necessary to resolution of this motion. This matter is an individual action with a PAGA component. Broadly speaking, Plaintiffs allege Defendants violated wage-and-hour laws and that Plaintiffs were constructively terminated for complaining about those violations. Plaintiffs are represented by the EFLL firm and LaCour. Aguilar, who is not a Plaintiff here, worked for Defendants u...
2022.07.26 Motion for Preliminary Approval of Class Action Settlement 214
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.26
Excerpt: ... addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Apart from the included actions in this matter, are there any actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide copies of all class representatives' pre-filing letters to the LWDA (and any amendments thereto...
2022.07.22 Motion for Preliminary Approval of Class Action Settlement 062
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.22
Excerpt: ...tions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide for 60 days, rather than 45, for opt-outs, objections, and disputes. 3. Paragraph 47(i) of the agreeme...
2022.07.13 Demurrer to First Amended Petition for Writ of Mandamus 816
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.13
Excerpt: ...l of Ray's application to remodel a home on Hawthorne Road in the City. Petitioners contend the home has considerable historic value that would be diminished by the remodel, and the City's Design Review Board violated CEQA in October 2020 when it approved the application based on a negative declaration. This demurrer focuses on exhaustion of administrative remedies. As relevant here, the FAP alleges as follows: City staff conducted an initial stu...
2022.07.13 Demurrer to FACC 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.13
Excerpt: ...ligence). I. Background The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The po...
2022.07.08 Motion to Compel Individual Arbitration, Strike Putative Class Claims and Stay or Dismiss the Action 797
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.08
Excerpt: ... violations they personally suffered. Plaintiffs' class claims are dismissed without prejudice. Plaintiffs' PAGA claim, to the extent it seeks to recover civil penalties for Labor Code violations suffered by other employees, is dismissed without prejudice. I. Background A. Procedural Background This matter involves employees of the Fitness 19 chain of health clubs. Plaintiffs, who worked at Fitness 19's Huntington Beach location, originally filed...
2022.07.08 Motion to Approve PAGA Settlement 904
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.08
Excerpt: ... addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Counsel states there are three known cases with similar claims pending against Defendants, the claims in one of which will be released by this settlement and one in which similar claims will be dismissed. (Mem. at 17.) As to the latter, will those clai...
2022.07.08 Motion for Leave to File Amended Complaint 039
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.08
Excerpt: ...inally a PAGA-only matter brought against Defendants U Gym, LLC and Costa Mesa Gym, LLC, both alleged as doing business as UFC Gym Costa Mesa. In August 2021, U Gym, LLC settled a related PAGA case pending in Sacramento Superior Court, Manzares v. U Gym, LLC, Sacramento SC No. 34-2020- 00284868. (1 st Perez Decl., ¶ 4.) Plaintiff and Defendants apparently agreed the Manzares settlement extinguished Plaintiff's PAGA claim against U Gym, LLC, but ...
2022.06.24 Motion to Approve PAGA Settlement 269
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.06.24
Excerpt: ...s well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers 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 matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 3. Please explain the starting date for the PAGA period. Fr...
2022.06.24 Demurrer, Motion for Sanctions, to Quash Service of Summons 461
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.06.24
Excerpt: ...rvice of summons. 2. Defendants Sun Life Financial, Inc. and Sun Life Assurance Company of Canada's (collectively “Sun Life” unless the separate identities of Sun Life Financial and Sun Life Assurance are relevant) demurrer to the complaint of Plaintiff Robert S. Wright. 3. Sun Life's motion for sanctions against Wright. The Court addresses each motion in turn. Broadly speaking, this action arises from Wright's attempt to claim long-term disa...
2022.06.24 Demurrer to TAC 808
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.06.24
Excerpt: ... take judicial notice of materials not “necessary, helpful, or relevant”].) I. Standard of Review in § 1983 Cases The City demurs to Reeves' second cause of action, for violation of 42 U.S.C. § 1983. The usual standards for a general demurrer are inapplicable to § 1983 claims brought in state court. Rather, “the state courts of California should apply federal law to determine whether a complaint pleads a cause of action under section 198...
2022.06.17 Motion for Preliminary Injunction 748
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.06.17
Excerpt: ...efendant The Ballot Box, Inc. filed an opposition to Plaintiffs' motion. Because Plaintiffs' motion seeks relief only against the Association, not Ballot Box, Ballot Box lacks standing to oppose the relief sought. The Court therefore has not considered Ballot Box's opposition, only the Association's. The Association has filed evidentiary objections to the declarations of Robert C. Pack and Boyd L. Hill. Objections 11 and 12 to the Pack Declaratio...
2022.06.17 Motion for Attorney Fees 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.06.17
Excerpt: ...tion 5500) of Division 3 of the Business and Professions Code, or of a person holding a valid registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a person holding a valid land surveyor's license issued pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.” CCP § 435.11(h) provides that if th...

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