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2023.02.17 Motion for Leave to File TACC 057
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.17
Excerpt: ...The Court has reviewed the Morrison Declaration in support of the motion. The Court finds it contains all information necessary to satisfy CRC 3.1324(b). Cross-Defendants offer several reasons they believe Cross-Complainants have not complied with CRC 3.1324(b). None is availing. First, Cross-Defendants argue the claim of “newly discovered facts” is hollow because the underlying conduct has been at issue in every cross-complaint going back to...
2023.02.17 Demurrer 230
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.17
Excerpt: ...ded complaint must be filed on or before March 6, 2023. PRELIMINARY CONSIDERATIONS Meet and Confer CCP § 430.41 requires a defendant to meet and confer before filing a demurrer. There is no indication Mercury did so—neither a declaration to that effect (as required by statute) nor even an unsworn statement in the demurrer papers. Mercury is advised to follow this statutory requirement in the future. Judicial Notice Both sides have filed reques...
2023.02.17 Demurrer to SAC, Motion to Strike 388
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.17
Excerpt: ...2AC) of Plaintiff Spotted Shield LLC: 1. Defendants' demurrer is OVERRULED. 2. Defendants' motion to strike is DENIED in part and GRANTED in part. I. Demurrer A. Background The demurrer concerns the fourth cause of action for fraud, brought against Ponder alone. Ponder is the owner and managing member of EC. (2AC, ¶ 3.) As alleged in the 2AC: Spotted Shield and EC were parties to a Merchant Processing Agreement. The Agreement states, “[EC] wil...
2023.02.03 Demurrer, Motion to Strike 281
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.02.03
Excerpt: ...laint (FAXC) of Gary L. Jarvis and Care West Insurance Risk Management, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Admiral's motion to strike is DENIED AS MOOT. Cross-Complainants' original cross-complaint brought two contract claims and a bad faith claim against Admiral. The Court sustained Admiral's demurrer with leave to amend. The FAXC abandons the contract claims, bringing only a bad faith claim. The Court held Cross-Complainants' original bad...
2023.01.20 Motion to Compel Arbitration and Stay Action 776
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.20
Excerpt: ...t affect any other aspect of these consolidated matters. The parties should be prepared to discuss the effect of this stay on the other related cases at the January 25, 2023 status conference. I. Background This matter arises from the aborted construction of a pharmaceutical manufacturing facility (“Project”). LCS Constructors, Inc. is a construction contractor. It had a prior relationship with Alliance Medical Products, Inc., a pharmaceutica...
2023.01.20 Demurrer to FAC 468
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.20
Excerpt: ...tatus conference. The January 24, 2023 case management conference is off calendar. The Court DENIES RTI's request for judicial notice because it is irrelevant to this ruling. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not “necessary, helpful, or relevant”].) GROUNDS FOR RULING This is a PAGA action involving RTI's alleged violations of Labor C...
2023.01.13 Motion to Renew or Reconsider Motion for Summary Adjudication 449
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.13
Excerpt: ...r summary judgment or adjudication on standing grounds. The Court granted in part and denied in part that motion. It held that while Plaintiffs may have lacked Article III standing 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 act...
2023.01.13 Motion to Compel Response to Deposition Subpoenas for Production of Business Records 752
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.13
Excerpt: ...ubpoena is GRANTED. Respondents Cal-Lawyer, APC and the Law Offices of Daniel J. Tripathi (Cal- Lawyer's predecessor-in-interest) are ordered to produce all documents responsive to Defendants' subpoenas by January 23, 2023. Based on Defendants' statements in their reply brief, their request for sanctions against Respondents is WITHDRAWN. Respondents' cross-request for sanctions is DENIED. Although Respondents' opposition papers were untimely file...
2023.01.13 Motion to Compel Arbitration 581
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.13
Excerpt: ... as to the request to compel individual arbitration. 2. The motion is GRANTED as to the request to dismiss the class claims without prejudice. 3. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. This case is STAYED pending the resolution of Plaintiff's individual arbitration. An arbitration review conference will take place on September 18, 2023 at 8:30 a.m. EVIDENTIARY MATT...
2023.01.13 Motion for Leave to File Amended Complaint, to Continue Trial 656
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.13
Excerpt: ...ncreased Authority and Setting of Mandatory Settlement Conference ROA 831 4. Cross-Defendant Haro Pool Plastering Corp.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Continue Trial ROA 860 5. Defendant/Cross-Complainant Aquarius Investments, Inc.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Continue Trial ROA 835 6. Defendant and Cross-Complainant Jay Sehgal and Rita Sehgal's Joinder to Geotechnical Solutions, Inc.'s Motion to Co...
2023.01.13 Motion for Judgment on the Pleadings 648
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.13
Excerpt: ...re no state law claims. The allegations in the underlying Muha (21-01233648) and Grabner (21-1233482) actions are identical. All plaintiffs (Muha, Chaning Grabner and Debra Grabner) are residents of Milwaukee County, Wisconsin. Experian, a consumer reporting agency, is headquartered in Costa Mesa. As permitted by the FCRA, Plaintiffs made demands for their credit reports from Experian. (See 15 U.S.C. § 1681g(a).) The “Summary of Rights” port...
2023.01.11 Demurrer, Motion to Strike, Application for Leave to Amend Complaint 269
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.11
Excerpt: ...atter brought by Plaintiff against the Church and Doe 2. The following background is drawn from the allegations of the FAC, which are assumed to be true for purposes of this demurrer. A. Structure of the Church The Church is led by a President, whose office is a corporation sole (i.e., the defendant here). The President selects two advisors to serve as his counselors. Together, they function as the First Presidency, the governing body of the Chur...
2023.01.06 Motion for Judgment on the Pleadings 752
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.06
Excerpt: ...gs on the complaint of plaintiffs Matthew Manning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The motion is DENIED. Defendants' request for judicial notice is GRANTED. I. Background As explained in prior orders and judicially noticeable documents: This case arises from a 2014 automobile accident that resulted in the death of Matthew Manning, plaintiffs' father. In 2015, the Mannings file...
2023.01.06 Motions for Determination of Good Faith Settlement, to Contest Good Faith Settlement 656
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.06
Excerpt: ...lainant Geotechnical Solutions, Inc.'s Notice of Motion for Good Faith Settlement Determination 877 4. Defendant/Cross-Complainant Aquarius Investments, Inc.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Contest Good Faith Settlement of Kriza Corporation ROA 792 5. Defendants Jay and Rita Sehgal's Joinder in Geotechnical Solutions, Inc.'s Motion to Contest Cross-Defendant Krizia Corp.'s Application for Determination of Good Faith Settleme...
2023.01.06 Motion for Leave to File SAC 993
Location: Orange County
Judge: Claster, William D
Hearing Date: 2023.01.06
Excerpt: .... 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 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...
2022.12.21 Demurrer, Motion to Strike 589
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.21
Excerpt: ...AMEND. 2. As to the Authority's motion to strike: a. The motion is DENIED as to allegations concerning the Annual Pumping Allocation, with the exception of Annual Pumping Allocation allegations in Mojave's CEQA claim, which is GRANTED. b. The motion is DENIED as to the reverse validation allegations. The Authority's request for judicial notice is GRANTED. Mojave's objections to the Keigwin Declaration are OVERRULED. GROUNDS FOR DEMURRER RULING I....
2022.12.20 Motion to Compel Arbitration 774
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.20
Excerpt: ... individual arbitration. An arbitration review conference will take place on August 7, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY OBJECTIONS Plaintiff objects to portions of the Santiago Declaration (ROA 62). The Court rules as follows: Objections 1, 4, 5, 8, 10: Sustained. Objections 2, 7, 11: Overruled. Objection 3: Sustained to the extent Santiago testifies about the documents Plaintiff actually received. Overruled to the extent Santi...
2022.12.16 Motion for Sanctions 073
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.16
Excerpt: ...APC. For the reasons set forth below, the motion is GRANTED. The Court enters the following sanctions: 1. This action will be dismissed with prejudice. 2. Plaintiffs are ordered to pay Defendants $27,791.45 in sanctions. Of this amount, $23,607.45 is levied jointly and severally against Plaintiffs and their counsel. Defendants' two requests for judicial notice are GRANTED. I. Service and Filing Per a proof of service attached to the motion, the o...
2022.12.16 Motion for New Trial 544
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.16
Excerpt: ...e Court agreed with the Association that it had committed an error of law in its calculation of interest. Because this matter was tried to the Court instead of a jury, the Court exercised its power under CCP § 662 to modify the judgment rather than ordering a new trial. The motion was denied in all other respects. (ROA 2795) In the second motion, captioned a “Motion to Correct Clerical Error, to Vacate Judgment, and/or Motion for a New Trial,�...
2022.12.16 Demurrer 808
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.16
Excerpt: ...fendant JA & Sons Community Care's Joinder to Defendant's Demurrer to Plaintiff's Complaint ROA 59 Defendants' demurrer to Plaintiff Jeissy Avila Ferreira's complaint is OVERRULED. Defendants shall file an answer to the complaint on or before January 4, 2023. REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice is DENIED. Defendants seek notice of the articles of incorporation of Defendant ABN Resident Care, Inc. under Evid. Code �...
2022.12.14 Motion to Vacate and Set Aside Approval 238
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.14
Excerpt: ...t (“REIR”) for the Project. For the reasons set forth below, the Court GRANTS the writ. I. BACKGROUND Bayside is the owner of 31.4 acres of property located at East Coast Highway in the City of Newport Beach, California between Newport Channel and Bayside Drive. (ROA 25, First Amended Verified Petition (Petition), ¶ 9; AR230.) Approximately 24 acres of Bayside's property are developed with mobile homes, and the remaining seven acres contain ...
2022.12.14 Motion for Pre-Judgment Possession 890
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.14
Excerpt: ...gs, that the City of Newport Beach required the OCSD to have possession of the property before it would process needed permits. Based on the parties' arguments, the Court continued the hearing on the motion to December 14, 2022, the same date set for the hearing on the writ petition in the CEQA case. For the reasons previously stated and as set forth below, the motion for pre-judgment possession is GRANTED. As stated in the ruling granting the wr...
2022.12.09 Motion to Review Minute Order, to Quash Service of Summons, to Dismiss for Lack of Personal Jurisdiction 461
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.09
Excerpt: ...sed minute order nunc pro tunc that incorporates items 3 through 7 set forth on page 9 of Plaintiff's motion. MOTION TO QUASH SERVICE OF SUMMONS Defendant Borden Ladner Gervais LLP's (“BLG”) motion to quash service of summons is DENIED. BLG's objection to Exhibit 7 to the Wright Declaration (ROA 290) is OVERRULED. Wright declares the exhibit is an affidavit from Cherilyn Sheets, DDS. On its face, the affidavit purports to be from the prior Br...
2022.12.09 Motion to Compel Arbitration and Dismiss 588
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.09
Excerpt: ...NIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. Best Buy is free to renew this request upon completion of the individual arbitration. 3. The representative portion of Plaintiff's PAGA claim is STAYED pending completion of the individual arbitration. 4. The motion is DENIED as to the request to “pause” accumulation of penalties on the representative portion of Plaintiff's PAGA claim. 5....
2022.12.09 Demurrer to SAC 265
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.12.09
Excerpt: ...earing, Plaintiffs should be prepared to discuss the status of John Hanna, Doug Lee and Roger Kuo, who are named as defendants on the 20 th cause of action but do not appear ever to have been served with process. I. Factual Background The Court assumes the parties' familiarity with the general factual background of this case, which has been discussed at length in rulings from both this Court and the Court of Appeal. As alleged in the 2AC, the 20 ...

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