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2021.11.05 Motion for Attorney Fees 139
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.11.05
Excerpt: ...t basis are DENIED. However, in reaching this decision, the Court has not considered TPG's arguments about unrelated litigation involving Olen or its owners. The Court requests that TPG confine its arguments to the issues before the Court. Going forward, the parties should separately file their motions, memoranda and supporting evidence/declarations rather than filing an entire set of moving papers as a single PDF. The use of a single PDF is unwi...
2021.10.29 Motion to Compel Compliance with Commitment to Produce, for Monetary Sanctions 139
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.10.29
Excerpt: ...s to the Declaration of Donald Krotee are SUSTAINED. I. Preliminary Comments The Court believes that this motion and the other discovery motions on file in this case possibly could have been avoided by a more robust meet and confer process. Among other things, if TPG's counsel had provided copies of the Krotee emails with his August 23, 2021 letter, then the parties potentially could have had a dialogue about document retention policies and issue...
2021.10.29 Motion for Undertaking 991
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.10.29
Excerpt: ... the amount of the undertaking. Assuming the parties are unable to agree on the amount of the undertaking (a possibility the parties should seriously consider), TPG is to file a supplemental brief of no more than 8 pages (as well as any supporting evidence) by November 12, 2021. Olen may file a response of no longer than 8 pages (as well as any supporting evidence) by November 29, 2021. Upon receipt of the supplemental briefing, the Court will de...
2021.10.29 Motion for Summary Judgment 850
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.10.29
Excerpt: ...fendants Sodexo, Inc. and Sodexomagic, LLC (collectively “Sodexo”) join in the motion. For the reasons set forth below, the Disney Defendants' motion is GRANTED. In addition, the clerk is ORDERED to unseal and publicly file certain documents noted at the conclusion of this ruling. The parties' requests for judicial notice are GRANTED as written, with the exception of Exhibit 45 to the Yan Declaration, the “Ruth Memorandum.” The Disney Def...
2021.10.22 Motion for Preliminary Approval of Class Action Settlement 039
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.10.22
Excerpt: ...s 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 pending actions—whether individual, class or PAGA (including in the pre-filing LWDA stage)—that might be affected by this settlement? 2. The class period defined in the settlement agreement begins on December 9, 2018. The class period as defined in every version of the comp...
2021.10.15 Motion for Preliminary Approval of Class Action Settlement, to File Under Seal 151
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.10.15
Excerpt: ...ovember 19, 2021. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Other than the Perez, McCray, and Maloof PAGA actions, are the parties aware of any class, individual, or PAGA actions, whether pending before a court or in the pre-filing LWDA stage, that may be affected by this settlement? 2. As the Court reads the settle...
2021.09.24 Motion for Summary Judgment, Adjudication 332
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.24
Excerpt: ...ntiff David Vasquez's delay in filing a claim that the Court should enter summary judgment in Defendants' favor. (See ROA 201, at Ruling p. 16.) The Court ordered this briefing because Defendants first raised the delay/prejudice issue in their reply, and due process required that Plaintiffs be permitted a chance to respond. No supplemental briefing was filed. For the reasons set forth below, and for the reasons set forth in the Court's original p...
2021.09.24 Motion for Stay of Proceedings 419
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.24
Excerpt: ...lameda County Superior Court) granting a stay pending an appeal of a remand order. (Reply at p. 4.) The Court has neither read nor considered the superior court rulings cited by the parties. “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.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.)...
2021.09.24 Motion for Approval of Representative Action Settlement 725
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.24
Excerpt: ...n addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Plaintiff's pre-filing letter to the LWDA is supposed to be an exhibit to the complaint, but it is not attached. Please provide a copy. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that would be affected by approval of this settlement? ...
2021.09.24 Demurrer, Motion to Seal 543
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.24
Excerpt: ...een Plaintiff Wayne Calco and Ossur. Ossur demurred to Calco's original complaint. In support of its demurrer, Ossur sought judicial notice of the services agreement, which it conditionally lodged under seal. Rather than oppose the demurrer, Calco filed a first amended complaint. Ossur's demurrer therefore went off calendar. Ossur's motion to seal remains on calendar. Ossur contends the services agreement is a trade secret that contains proprieta...
2021.09.17 Motion for Class Certification 449
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.17
Excerpt: ...a. Plaintiffs are appointed class representatives. Setareh Law Group and Robinson Calcagnie, Inc. are appointed class counsel. GROUNDS FOR RULING Remaining at issue is the geographic scope of the class. Walmart contends the class must be limited to Californians (more properly, persons who suffered alleged FCRA violations in California), while Plaintiffs ask the Court to certify a nationwide class. Walmart argues that because the Court has decided...
2021.09.17 Motion for Final Approval of Class Action Settlement, Class Counsel Award, and Service Awards 134
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.17
Excerpt: ...ation provided, and the estimated lodestar. In approving these amounts and examining the billing records provided, the Court is not approving the hourly billing rates proposed by class counsel. 2. Litigation costs of $24,273.36, representing the full amount sought. 3. Administration costs in the amount of $9,500, per the administrator's declaration. 4. Enhancements of $5,000 to Aranda and $2,500 to Michel. In making these awards, the Court has co...
2021.09.17 Motion to Permit Introduction of Fact and Expert Testimony 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.17
Excerpt: ... the plume emanating from the 2040 Site where both entities operated. These Defendants contend that this information is material to the trial since it potentially affects both the declaratory relief action and the reasonableness of the District's investigatory costs. In response, the District points out, among other things, that this new data does not differ materially from Defendants' existing evidence regarding the distal end of the plume. (Opp...
2021.09.10 Petition for Coordination 176
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.10
Excerpt: ...eedings. The Court of Appeal, Fourth District, Division Three shall be the reviewing court. I. Factual and Procedural Background The Included Actions each arise from the alleged wage-and-hour practices of entities that own or operate Watermark retirement communities (collectively, “Watermark”). All three Included Actions involve similar allegations of standard violations, such as meal and rest break violations, failure to pay for all hours wo...
2021.09.10 Motion for Preliminary Approval of Class Action Settlement 452
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.10
Excerpt: ...fore September 17, 2021. Ortiz's motions for class certification and terminating sanctions, previously taken off calendar, will be set for a date to be determined by the Court and the parties at the hearing on this motion. Based on the papers submitted in connection with this motion, the Court expects Defendants may file a motion to enforce class action waivers in arbitration agreements signed by a portion of the putative class. The Court will no...
2021.09.03 Motion to Stay Proceedings 477
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.03
Excerpt: ...s objections to the declaration of Susan Brandt-Hawley are SUSTAINED on foundation grounds. The Court has not considered any exhibit to the Brandt-Hawley declaration. In addition, the Court has not considered the declaration of Philip D. Kohn to the extent it seeks to introduce new evidence on reply. This matter concerns the City's revised Historic Preservation Program, which amends portions of the City's general plan and zoning code. Specificall...
2021.09.03 Motion for Summary Adjudication 045
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.03
Excerpt: ...bjections 1 and 7 to the Pham Declaration. The Court declines to rule on the remaining objections to the Pham Declaration. (CCP § 437c(q).) The Court OVERRULES all objections to the Knypstra Declaration. Cardenas's Request for Judicial Notice is GRANTED. I. Factual Background A. The Underlying Lawsuit This action concerns a hotel development in Buena Park. BA Hotel & Resort, LLC originally purchased from the City the property on which the hotel ...
2021.09.03 Motion for Decertification of Rest Period Class 725
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.09.03
Excerpt: ...s defined as “All individuals who were employed as non-exempt, hourly-paid employees by Defendant in California and worked at least one shift greater than 3.5 hours in length at any time from September 30, 2007 through the date of class certification.” Broadly speaking, the classwide theory of liability was as follows: Defendant's 2008 rest break policy was illegal as written, in that it required employees to remain on premises. While Defenda...
2021.08.20 Motion to Approve PAGA Settlement 373
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.20
Excerpt: ...since-withdrawn motion for leave to intervene. Between January 2020 and January 2021, Vazquez, Juaregui and Santos filed three separate lawsuits with a PAGA component. Vazquez, Juaregui and Defendants informally negotiated a resolution, eventually participating in a mediation in November 2020, where their cases settled in principle. The formal settlement agreement eventually executed by the parties covered a wider variety of predicate Labor Code ...
2021.08.20 Motion for Summary Adjudication 045
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.20
Excerpt: ...Hotel purchased the Hotel Property from the City in 2016 for $1,565,000. (UMF 1-2.) The Hotel Property was encumbered by a recorded Development Agreement. The Development Agreement contained a purchase option that gave the City the right to repurchase the Hotel Property for $1,565,000 if BA Hotel defaulted on the Development Agreement. (UMF 3, 8.) In 2017, BA Hotel purchased the adjacent Rear Property from the City for $1,285,000. (UMF 10-11.) BA...
2021.08.20 Motion for Prejudgment Possession 491
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.20
Excerpt: ...VERRULED, except for Objection No. 10, which is SUSTAINED on foundation grounds. OCTA's evidentiary objections are OVERRULED. Because OCTA's motion is opposed by Defendants, the standard of review is set forth in CCP § 1255.410(d)(2): If the motion is opposed by a defendant or occupant within 30 days of service, the court may make an order for possession of the property upon consideration of the relevant facts and any opposition, and upon comple...
2021.08.20 Motion for Class Certification, for Reconsideration 449
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.20
Excerpt: ...anding to pursue their claims in federal court, Article III standing rules do not apply in California courts. The Court found Plaintiffs had standing to pursue their first and third causes of action in California courts, but lacked standing to pursue their second cause of action. The Court also found Plaintiffs were within the zone of interests of persons entitled to sue under the FCRA. After the Court's ruling, the United States Supreme Court ha...
2021.08.13 Motion to Approve Settlement 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.13
Excerpt: ...proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiffs 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 all pre-filing letters to the LWDA. 2. Please provide proof of service of the original moving papers on the LWDA. 3. Plaintiff's individual release has c...
2021.08.06 Motion to Exclude Evidence 246
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.06
Excerpt: ... Trial Court Negligence Ruling Defendants operate or formerly operated the 2040 Site. In 2012, numerous defendants, including the moving Defendants here, moved for summary adjudication on the District's negligence claim on statute of limitations grounds. Judge Stock granted the motion as to most of the moving defendants, finding the District was on inquiry notice of groundwater contamination long before filing suit—for decades as to some defend...
2021.08.06 Motion for Attorney Fees 413
Location: Orange County
Judge: Claster, William D
Hearing Date: 2021.08.06
Excerpt: ..., is GRANTED subject to one condition discussed below. Following review of the papers, the Court finds the parties' settlement to be “fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) The Court also approves of the current version of the proposed notice. The notice actually sent to aggrieved employees may not be in a smaller font size than the notice provided to the Court. Before the Court can approve the settle...

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