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2023.06.02 Motion to Compel Arbitration and Stay Proceedings 919
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.06.02
Excerpt: ... signed the arbitration agreement. It is otherwise OVERRULED. In this wage-and-hour class action, Defendants seek to compel arbitration of Plaintiff's claims and stay the case pending completion of arbitration. Plaintiff argues Defendants have not proven the existence of an agreement, and even if they have, the agreement is unconscionable. The Court need only address the first question. Standard of Review The moving party always bears the burden ...
2023.06.02 Motion for New Trial 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.06.02
Excerpt: ... a new trial is GRANTED IN PART pursuant to CCP 657. The Court hereby modifies its March 20, 2023 ruling granting summary judgment by striking Section ("Direct Negligence"). The April 5, 2023 judgment in favor of Travelers and referencing the March 20, 2023 is vacated, and Travelers shall prepare a new judgment in light of the ruling on the present motion. EVIDENTIARY MATTERS LaBarre's two unopposed requests for judicial notice of documents filed...
2023.06.02 Motion for Leave to Amend and File Amended Complaint 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.06.02
Excerpt: ...368 4. Status Conference MOTION FOR LEAVE TO AMEND Plaintiff Maren S. Miller's motion for leave to file a Fifth Amended Complaint (5AC) is DENIED. Relevant Background This is a products liability action sounding in failure to warn. Plaintiff took Korlym, a drug manufactured by defendant Corcept Therapeutics Incorporated, to manage her symptoms from Cushing's disease. Plaintiff contends her Korlym use caused endometrial hypertrophy, polycystic ova...
2023.06.02 Demurrer, Motion to Strike, to Compel Arbitration 057
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.06.02
Excerpt: ... Jay Prasad's Notice of Motion and Motion to Strike Portions of Hagin Enterprises' Third Amended Cross-complaint ROA 356 3. Cross-Defendant Commercial Bank of California's Notice of Motion and Motion to Compel Arbitration ROA 350 Before the Court are three motions: 2 3 Commercial Bank of California's ("CBCal") motion to compel arbitration. Electronic Commerce, LLC and related parties' (collectively, "EC") demurrer to the Third Amended Cross-compl...
2023.06.02 Motion for Sanctions 825
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.06.02
Excerpt: ...in defending against this motion is also DENIED. The Prime Hospitals seek sanctions under CCP S 128.7 for CalOptima's filing of its summary judgment/adjudication motion based on Government Claims Act noncompliance. The Court denied CalOptima's motion on May 26, 2023. (ROA 994.) The Prime Hospitals electronically served the moving papers on CalOptima on April 13, 2023. (ROA 947, II 27.) They filed the motion on May 10, 2023. This complies with the...
2023.05.26 Motion to Tax Costs 993
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.26
Excerpt: ...P S 1032. Recoverable costs are set forth in CCP S 1033.5, which defines allowable, non-allowable and discretionary costs. (ld., S 1033.5(a), (b), Allowable and discretionary costs may be recovered only if "reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation." (ld., S 1033.5(c); see also Ladas v. California State Auto Assn. (1 gg3) 19 Cal.App.4th 761, 774.) Other costs may also be r...
2023.05.26 Motion to Contest Application for Good Faith Settlement 241
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.26
Excerpt: ...nt with a group of defendants referred to as the "Shea Parties." The Shea Parties apply for a good faith determination under CCP S 877.6. Another group of defendants, the "PKG Parties," moves to contest the good faith determination. For the reasons set forth below, the Court GRANTS the Shea Parties' application for a good faith settlement determination and DENIES the PKG Parties' motion. Terms of Settlement Per the application at ROA 228, the ter...
2023.05.26 Motion for Summary Judgment, Adjudication 825
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.26
Excerpt: ...("CalOptima") brings two motions against Plaintiffs Prime Healthcare Services - Garden City, LLC et al. (the "Prime Hospitals"), a motion for summary judgment/adjudication and a motion for defense costs. MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION CalOptima's motion for summary judgment or adjudication is DENIED. CalOptima's request for judicial notice is GRANTED. In addition, the Court proposes on its own motion to take judicial notice of the do...
2023.05.26 Demurrer 218
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.26
Excerpt: ... In reviewing the sufficiency of a complaint against a demurrer for failure to state facts sufficient to state a cause of action, the Court is guided by long-settled rules. The Court "treat(s) the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law." (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) "The complaint must be construed liberally by drawing reasonable inferences from the...
2023.05.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 326
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.05
Excerpt: ...d, a redline showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 5. 6. 7. 8. Are there any other actions (class, individual, or PACA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? The class and PAGA periods extend through preliminary ...
2023.05.05 Demurrer to SAC 759
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.05
Excerpt: ...D. Procedural Background Before addressing the merits, the Court describes the procedural history of this matter, which is relevant to the Court's rulings. The second page of the 2AC states: "This [case] includes the state claims (and not the Federal Claims) of Moon, et al. v. County of Orange, Case No. 8: 19-cv-00258-JVS-DFM, dismissed not on the merits." The federal case began as an ADA action filed by Moon against the County. Moon then filed a...
2023.05.05 Motion for Summary Judgment, Adjudication 268
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.05
Excerpt: ...nt is DENIED. 2 Summary adjudication is GRANTED as to issues 1 and 4 in the notice of motion, DENIED as to issues 2, 3, and 6 in the notice of motion, and DENIED AS MOOT as to issue 5 in the notice of motion. 3. Summary adjudication is also DENIED as to Plaintiff's PAGA claim, an issue not listed in the notice of motion but raised in the memorandum of points and authorities. Defendant's objection to Plaintiff's deposition testimony (see Reply at ...
2023.05.05 Motion to Compel Arbitration 457
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.05.05
Excerpt: ...The Court rules as follows: 2 3 The motion is GRANTED as to the first nine causes of action in the FAC. Plaintiff is ordered to arbitrate these claims on an individual basis. The motion is GRANTED as to the request to dismiss Plaintiff's class claims. The motion is DENIED insofar as Defendant seeks to compel arbitration of Plaintiff's individual PAGA claim. Instead, the PAGA claim will be stayed in its entirety (both individual and representative...
2023.04.28 Motion for Protective Order to Prevent and Quash Notice of Deposition, for Protective Order 808
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.04.28
Excerpt: ...dants City of Newport Beach and Samir Ghosn, is GRANTED. Plaintiff Kyle Reeves may not take Smith's deposition until the expiration of the stay in Reeves II. Background This is the third case arising from the construction of Reeves' home in Newport Beach. Briefly, Reeves' City-approved construction plans had a third-floor loggia open to the weather. Reeves enclosed the loggia with windows and doors, and the City refused to issue a certificate of ...
2023.04.21 Demurrer, Motion to Strike FAC 583
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.04.21
Excerpt: ...nc., Aston Carter, Inc., and Actalent, Inc. Defendants' demurrer to the FAC is OVERRULED. Background As alleged in the FAC, and taken as true for purposes of demurrer: Golledge and Fibus are the founders of Jobot, a staffing/recruitment firm. They are also officers of the company. Plaintiffs are all direct or indirect subsidiaries of non-party Allegis Group, Inc., a competing staffing/recruitment company. Allegis is structured such that its subsi...
2023.04.14 Motion for Sanctions 270
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.04.14
Excerpt: ...are represented by the Callahan & Blaine firm) move for the entry of sanctions against Plaintiffs Floyd Chodosh, Sue Eicherly, Myrle Moore, Ole Haugen, Todd Peterson, and Rodger Kane, Jr., as well as their counsel of record, Patrick J. Evans. The motion is brought pursuant to both CCP § 128.5 and CCP § 128.7(c)- (d). For the reasons set forth below, the Court rules as follows: 1. Defendant PBPA, which was not named as a moving party in the noti...
2023.04.07 Motion to Quash Service of Summons 687
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.04.07
Excerpt: ...nc.; Allergan Sales, LLC; and Allergan, Inc. ("AbbVie Defendants"). The second is filed by Defendant Sofregen Medical, Inc. The Court will CONTINUE both motions for Plaintiff to take jurisdictional discovery. The record reflects that Plaintiff served special interrogatories and requests for production on both Sofregen and the AbbVie Defendants, and that on March 20 and 21, 2023, Sofregen and the AbbVie Defendants served objection-only responses t...
2023.03.24 Motion for Summary Judgment, Adjudication 294
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.24
Excerpt: ...judicial notice is granted. OCTC has filed evidentiary objections. The Court overrules objections 1-3, 6 and sustains objections 4-5. On March 23, 2023, the day before the continued hearing on this motion for summary judgment, Plaintiff ARC Retail 1, LLC lodged a 21-page report prepared by its so-called "liability expert." This late, unauthorized submission has not been considered by the Court. GROUNDS FOR RULING Allegations of Second Amended Com...
2023.03.23 Motion to Compel Individual Arbitration 365
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.23
Excerpt: ... (including the individual portion of her PAGA claim), to dismiss her class claims, to dismiss the representative portion of her PAGA claim, and to stay the case pending completion of arbitration. In the alternative to dismissal, Defendant asks that the representative portion of Plaintiff's PAGA claim be stayed pending completion of arbitration. For the reasons set forth below, the motion to compel arbitration is GRANTED. Plaintiff is to arbitrat...
2023.03.17 Motion for Summary Judgment, Adjudication 160
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.17
Excerpt: ...rk II Association. In the alternative, Travelers moves for summary adjudication of each cause of action in Sirco's FAC. For the reasons set forth below, the motion for summary judgment is GRANTED. EVIDENTIARY MATTERS A. La Barre's Objections Defendant LaBarre/Oksnee Insurance Agency, LLC has filed objections to Travelers' evidence in support of its motion. Travelers' motion is directed only at Sirco. Travelers seeks no relief via this motion agai...
2023.03.17 Motion for Summary Judgment, Adjudication 078
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.17
Excerpt: ...ssues. The motion for summary judgment is DENIED. As to the motion for summary adjudication: 1. Summary adjudication is DENIED as to issues 1, 3, 6, and 7. 2. Summary adjudication is GRANTED as to issues 2, 4, and 5. The result of this ruling is that Vosko's waiting time, wage statement, and reimbursement claims fail, while his meal break, rest break, overtime, and retaliation claims survive, as does his prayer for punitive damages. PRELIMINARY M...
2023.03.03 Motion to Compel Arbitration and Dismiss Class and Representative Claims 262
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.03
Excerpt: ...he representative portion of Plaintiffs' PAGA claim. The motion is GRANTED IN PART and DENIED IN PART as set forth below. At the hearing, the parties should be prepared to discuss how to move forward in the case (e.g., by staying proceedings in this Court in favor of arbitration or vice versa). EVIDENTIARY MATTERS I. Evidentiary Objections The Court rules on Plaintiffs' evidentiary objections as follows: Objection 1: Overruled. Objection 2: Overr...
2023.03.03 Motion for Summary Adjudication 656
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.03.03
Excerpt: ... incurred since Seghal tendered defense of Plaintiffs' underlying claims to MKU. For the reasons set forth below, the motion is GRANTED as to both issues. I. Objections in Responsive Separate Statement MKU's responsive separate statement contains numerous objections in the responses to Seghal's undisputed facts. Evidentiary objections belong in separately filed objections, not responsive separate statements. The Court has disregarded all objectio...
2023.02.17 Motion to Determine Prevailing Party, for Attorney Fees 544
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.17
Excerpt: ... of attorneys' fees. With one exception, both sides' motions are DENIED in their entirety. As to all parties except Kathleen Schowalter, the Court finds there is no prevailing party in this action. As to Schowalter, the Court finds the Palm Beach Park Association is the prevailing party for purposes of a fee award. If the Association wishes the Court to enter a fee award against Schowalter, it is to file a noticed motion to set the amount by Marc...
2023.02.17 Motion for Summary Judgment, Adjudication 325
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.17
Excerpt: ...ive request for summary adjudication. PRELIMINARY MATTERS I. Judicial Notice Cla-Val seeks judicial notice of court records and various DTSC documents. (ROA 484.) The documents all appear to be proper subjects of notice under Evid. Code § 452(c) and (d). There are no objections. The request is GRANTED. II. Evidentiary Objections A. Fawaz Declaration Cla-Val has filed objections (ROA 518) to the Fawaz Declaration (ROA 500). The Court rules as fol...

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