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2023.12.29 Motion to Vacate Court Order 741
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.29
Excerpt: ...d their counsel of record, Charles Lew and The Lew Law Firm, jointly and severally, to pay monetary sanctions to Plaintiff, by January 29, 2024 in the amount of $5,600.80 for attorney's fees and costs associated with the arbitration and this moton. l. Background Pursuant to their arbitration agreement, the parties stipulated to arbitration on July 7, 2022 (ROA 17) and the Court ordered the case stayed on July 25, 2022 (ROA 23). Plaintiff filed he...
2023.12.29 Motion for Preliminary Approval of Class Action Settlement 226
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.29
Excerpt: ... and additions 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. The Court, as well as the settlement (S 7.1), requires declarations from Defendant and counsel to confirm whether there any other actions (class, individual, or PAGA, including PAGA achons in the pre-filing LWDA stage) that could be affected by this settleme...
2023.12.29 Motion for New Trial 952
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.29
Excerpt: ...prejudicial to a party's right to a fair trial. Townsend v. Gonzalez (1959) 150 Cal. App. 2d 241, 249-50. Significantly, a new trial cannot be granted unless it is established that the error was prejudicial, i.e„ the error must likely have affected the outcome of the trial. (See Cal. Const., art. VI, S 13 ("No judgment shall be set aside, or new trial granted, ... [forl the improper admission or rejection of evidence . . . unless, after an exam...
2023.12.15 Motion to File Under Seal 316
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...ionally lodged under seal at ROA 247, 248. Motion to Seal Factors A court may order a record to be filed under seal only if it expressly finds facts establishing: 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 sealin...
2023.12.15 Motion to Compel Arbitration and Stay Proceedings, Joinder 916
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...f's PAGA claim and stay the representative component pending arbitration. The motion is GRANTED. An arbitration review conference will take place on July 29, 2024 at 8:30 a.m. EVIDENTIARY MATTERS OGC has filed a request for judicial notice. (ROA 55.) Because the document for which judicial notce is sought was filed in this action, the request is DENIED AS MOOT. "It is not necessary to ask the court to take judicial notice of materials previously ...
2023.12.15 Motion for Post-Arbitration Attorney Fees 807
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...Following a hearing on the issue of attorney's fees and costs, Judge Prager issued a final award on September 13, 2023. (Huston Decl [ROA 198] Decl. Ex. A.) Among other things, the Final Award states Plaintiffs sought, but were denied attorney's fees and costs associated with pre-arbitraton litigation of this action. (ld. at 2-4.) This ruling was based on the Arbitrator's finding that the attorney's fee provision in the applicable agreement was n...
2023.12.15 Motion for Consolidation, Joinder 967
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...of the above two cases pursuant to CCP S 1048(a) is GRANTED. All future filings in this litigation shall be filed under case no. 21-1186967, with the caption of all pleadings listing both cases. FACTUAL BACKGROUND These two cases arise from the construction of Plaintiff Kyle Reeves' home at 7210 West Oceanfront in Newport Beach. The basic underlying allegations are the same in both. Reeves submitted his construction plans to the City for design r...
2023.12.15 Motion for Class Certification and Appointment of Class Counsel 275
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ... Valley Water District's ("District") objections to the Declaration of Stephen Johnson, and the Authority's objections to the Declarations of Timothy Parker and Charles Krieger as those declarations are not relevant to the Court's ruling. l. OVERVIEW This lawsuit and the related actions involve adjudication of various parties' rights to groundwater in the Indian Wells Valley Basin. Among the claims at issue in a number of the lawsuits is the vali...
2023.12.15 Demurrer to FAC 272
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...elling Place Anaheim (the "Church") and (2) Individual Defendants Alan Scott, Kathryn Scott, Jeremy Riddle, Kate Riddle, Gregory Scherer, Banning Leibscher, and Julian Adams are SUSTAINED. At the hearing, Plaintiffs should be prepared to explain how they believe further amending of the lawsuit will result in a viable cause of acton. EVIDENTIARY RULINGS The Court makes the following rulings on Defendants' requests for judicial notice: Exs. 1-4. GR...
2023.12.15 Demurrer 155
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.15
Excerpt: ...Trustees of the Johns Living Trust, dated August 13, 2007, James R. Glidewell, Randy D. Bohart, Bonnie L. Bohart, and Joshua Merrell & Kimberly Merrell, Trustees of the Merrell Family Trust dated November 16, 2011 is SUSTAINED. The demurrer to the fourth cause of action for declaratory relief is OVERRULED based on the remaining controversies set forth in the second and third causes of action. The parties' unopposed requests for judicial notice ar...
2023.12.08 Motion for Preliminary Approval of Class Action Settlement 243
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.08
Excerpt: ...a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The table of contents indicates 1.18 contains the definition for "Gross Settlement Amount," but the Settlement omits that paragraph. 2. Please provide 60 days, rather than 45, for opt-outs, objections, and workweek disputes. (Agr. 1.11, 6.1.) 3. Section 1.33 regarding "Released PAGA Claims" must be limited to those specific Labor Code violat...
2023.12.08 Motion for Summary Judgment, Adjudication 789
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.08
Excerpt: ... on Objection Nos. 1—3 to Plaintiff's evidence because the Court does not deem such evidence material to its disposition of the motion under CCP S437c(q). As to Objection Nos. 4—5, the objections are overruled as the evidence is not hearsay since it is not offered for the truth, but to the show Plaintiff's state of mind. II. Plaintiff's Objections to (1) Defendant's Reply Separate Statement (ROA 174); (2) Supplemental Avila Declaration (ROA 1...
2023.12.08 Motion to Lift Stay 588
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.08
Excerpt: ...ce Ms. Christopher has no personal knowledge or foundation to state what was received by Defendants. 2. Factual Background and Conclusions On December 9, 2022, the Court granted Defendant's moton to compel arbitration of the individual portion of this PAGA case and staying the representative portion until completion of the arbitration. (ROA 119) Thereafter, Plaintiff initiated and served a Demand for Arbitration with AAA in January 2023. On Janua...
2023.12.01 Motion for Approval of Settlement 373
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.01
Excerpt: ...mount of $317,500, nor do the settlement components set forth in the supplemental declaration add up to $250,000. 2. The amount of PAGA penalties allocated to the LWDA and to the aggrieved employees. Sections 13 and 19 of the Quintilone supplemental declaration appear to conflict on these amounts. 3. The amount of incentive payment Plaintiff seeks to receive. Is it $10,000 per Section 23 of the supplemental declaration, or is it $3,000 per Sectio...
2023.12.01 Motion for Approval of PAGA Settlement 627
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.01
Excerpt: ...or laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) The Court will approve the follow-ng distributions: 1. Attorneys' fees and litigation costs in the amount of $2,000 from the $30,000 allocated to settle the PAGA claim. This award is discussed more fully below. 2. Litigation costs in the amount of $4,000, representing the full amount sought. 3. Administration costs in the amount of $2,950, representing the full amount sought. 4. ...
2023.12.01 Demurrer, Joinder 006
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.12.01
Excerpt: ...iff Esther Alarcon Ruiz's second and third causes of action, for breach of the implied covenant and negligence. The demurrer to both counts is SUSTAINED WITH LEAVE TO AMEND. Any amended complaint must filed by December 15, 2023. Defendants' request for judicial notice is GRANTED. l. Background As alleged in the complaint, Plaintiff is a tenant at the Villa Del Sol Apartment complex in Santa Ana. The complex is owned by Advanced Group 94-55 and ma...
2023.11.17 Motion to Expunge Lis Pendens 856
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.17
Excerpt: ...ties' requests for judicial notice are DENIED because the evidence at issue is immaterial to the Court's ruling. (See Jordache Enterprises, Inc. v. Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not "necessary, helpful, or relevant"].) For the same reason, the Court has not considered WnG's evidentiary objections. l. Factual Background A. Procedural History This matter arises from work performe...
2023.11.17 Motion to Compel Arbitration 761
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.17
Excerpt: ...ase of Abdelmalak v. Prime Healthcare Anaheim, LLC, San Bernardino SC No. CIVS82127232. The Court rules as follows: 1. The request to compel individual arbitration is GRANTED. Plaintiff is ordered to arbitrate the individual portion of her PAGA claim per the parties' agreement. 2. The request to stay the representative portion of Plaintiff's PAGA claim pending completion of Plaintiff's individual arbitration is GRANTED. 3. The request to stay the...
2023.11.17 Motion for Final Approval of Class Action Settlement 176
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.17
Excerpt: ... of $23,155.07, the full amount sought. 3. Administration costs in the amount of $25,000, per the administrator's declaration. 4. Enhancements of $5,000 to Carillo-Salazar and Alaniz. In making these awards, the Court has considered only the factors set forth in Golba v. Dick's Sporting Goods, Inc. (2015) 238 cal.App.4th 1251 and Clark v. Am. Residential servs. L C (2009) 175 cal.App.4th 785. Pursuant to CCP S 384(b), Plaintiffs shall submit to t...
2023.11.03 Motions to Compel Arbitration 365
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.03
Excerpt: ...iolations, and UCL violations (only to the extent it is derivative of unreimbursed business expenses), and (2) Plaintiffs Vasquez and Fuentes De Dios's claim for wage statement violations. 2. The motions are DENIED as to all remaining claims for relief (including Ramirez's claim for UCL violations to the extent it is derivative of nan-reimbursement claims). 3. The motions are DENIED insofar as Defendant seeks dismissal of class claims. As a resul...
2023.11.03 Motion for Summary Judgment, Adjudication 241
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.03
Excerpt: ...IED IN PART as follows. 1. The motion for summary judgment is DENIED as to all Moving Parties. 2. The motion for summary adjudication of the first cause of action (breach of contract) is GRANTED as to Santa Valencia and DENIED as to the remaining Moving Parties. 3. The motion for summary adjudication of the second cause of action (common counts) is DENIED as to all Moving Parties. 4. The motion for summary adjudication of the third cause of actio...
2023.11.03 Motion for Preliminary Approval of Class Action Settlement 866
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.03
Excerpt: ...he parties' settlement over the course of four years—either the original settlement or the new settlement the parties agreed to after preliminary approval was first granted. To be clear, the number 16 is not a typo. Those hearings were as follows: 1. 11/15/2019: Preliminary Approval moton heard and CONTINUED. 2.01/10/2020: Preliminary Approval motion heard and CONTINUED. 3. 07/31/2020: Preliminary Approval motion heard and CONTINUED. 4. 09/01/2...
2023.11.03 Demurrer to FAC 519
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.11.03
Excerpt: ...ated wage-and-hour actions involving Defendant's non-exempt employees. The others are Ramirez v. Premier Contractors, Inc., No. 23-01321365, and Vasquez v. Premier Contractors, Inc., No. 23- 01326481. This matter, the first-filed of the three, was originally one of two Cabrera cases: Plaintiff Cabrera brought both a class-only action and a PAGA-only action. Cabrera then dismissed his class claims in exchange for an individual settlement, leaving ...
2023.10.27 Petition for Writ of Mandate 816
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.10.27
Excerpt: ...sons set forth the writ petition is GRANTED, and the request for declaratory relief is DENIED. l. Factual Background Ray is the owner of a single-family residence at 337 Hawthorne Road in the City. The property is listed on the City's historic register as a C-rated structure. (AR14.) C-rated structures are "structures which contribute to the overall historic characteristic of the but are not unique or distinctive; however, these properties are st...
2023.10.27 Motion to Strike or Tax Costs 220
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.10.27
Excerpt: ... the Court concludes there is no prevailing party in this matter. As a result, the motion is GRANTED and Defendants' claimed costs are stricken. At the hearing, the parties should be prepared to discuss the effect of the Court's prevailing party determination on Providence's memorandum of costs, which was filed on October 12. l. Background Providence's underlying lawsuit largely sounded in defamation. In brief, it alleged that Lozamira, Inc. and ...

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