Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

739 Results

Clear Search Parameters x
Location: Orange County x
Judge: Claster, William D x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 341)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 150,25
Array
(
)
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 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...
2023.03.03 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...
2023.02.17 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...
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 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...
2023.02.17 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...
2023.02.03 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 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...
2023.01.13 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 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...
2023.01.11 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 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...
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...
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 �...

739 Results

Per page

Pages