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2021.04.09 Motion for Final Approval 987
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.04.09
Excerpt: ...proposes the following deductions/allocations: Attorney Fees: $50,000.00 Litigation Costs: $11,859.46 Plaintiff Enhancement: $7,500.00 Admin. Costs: $5,250.00 LWDA PAGA Penalties: $3,750.00 Class size: 47 Net to employees: $71,640.54 All class members: $66,871.01 (67% 1099) Wage sub-class: $3,519.58 (67% 1099) PAGA employees: $1,250.00 (100% 1099) There has been complete satisfaction of the notice requirement, and zero objections or opt- outs. As...
2021.04.09 Motion for Approval of Class Settlement 073
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.04.09
Excerpt: ...ction. Before the Court this day is plaintiff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve for a gross settlement amount of $525,000.00. From there, counsel proposes the following deductions/allocations: Attorney Fees: $175,000.00 Litigation Costs: $20,000.00 Plaintiff Enhancement: $15,750.00 Admin. Costs: $8,000.00 Class size: 213 Net to employees: $306,250.00 Class ...
2021.04.09 Motion for Approval of Class Settlement 034
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.04.09
Excerpt: ...unt for overtime hours. Overtime is 1.5x the “regular rate,” but the law has not clarified what “regular rate” actually means. Plaintiff contends that overtime should have been calculated at 1.5x true hourly rate PLUS 1.5x some value associated with the per diem (even though working overtime had no impact on the lodging per diem). The operative pleading is the original Complaint, which contains three causes of action:  1st COA: failure...
2021.04.09 Motion for Approval of Class Settlement 877
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.04.09
Excerpt: ...iff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve with no monetary benefit of any kind to the class members, but with an agreement from defendant to modify its advertising to exclude the following phrases: (1) “no negative side efforts”; (2) “no side effects”; and (3) “100% safe”. In addition to this injunctive relief, defendant has agreed to pay plaintiff ...
2021.03.26 Motion to Compel Deposition 128
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.26
Excerpt: ...tions filed by plaintiff, seeking class member information from non-parties who used defendant's services. As plaintiff states, this is not a suit seeking any relief or remedy against these non-parties, but instead is a suit focused exclusively on the credit reporting agency who reportedly took a short cut. The motions will have to be continued for further briefing on the following salient concerns. First, as noted in the Rutter Guide on Civil Pr...
2021.03.19 Motion to Compel Arbitration 612
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.19
Excerpt: ... follows: “I KNOWINGLY AND VOLUNTARILY AGREE TO SUBMIT AND SETTLE ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO MY EMPLOYMENT RELATIONSHIP WITH 14 WEST COAST LLC TO ARBITRATION AS DESCRIBED IN THE ARBITRATION AGREEMENT SECTION OF THIS HANDBOOK … I ALSO AGREE THAT I WILL ONLY ASSERT INDIVIDUAL CLAIMS AND WILL NOT ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS.” The referenced employee handbook, according to Alaina Cruz...
2021.03.19 Motion for Final Approval 175
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.19
Excerpt: ...as a putative class, asserting that these violations were commonplace for all non-exempt employees. Shortly thereafter she filed a First Amended Complaint, adding a cause of action for civil PAGA penalties. Following discovery and extensive document review, the parties participated in mediation sessions. Despite a number of issues, the parties resolved the matter with a GSA of $560,000.00, with the typical deductions/allocations. The PAGA Portion...
2021.03.12 Motion to Compel Answers 811
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.12
Excerpt: ...M did not provide an unqualified admission to RFAs 9-11. As such, Tokio requested from BFM a verified response to the following form interrogatory: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: a) state the number of the request; b) state all facts upon which you base your response; c) state the names, ADDRESSES, and teleph...
2021.03.12 Motion for Approval of Class Settlement 958
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.12
Excerpt: ...wage. 2. Wages and Overtime Subclass. All Class Members who were not compensated for all hours worked for Defendants at the required rates of pay, including for all hours worked in excess of eight in a day and/or forty in a week. 3. Meal Period Subclass. All Class Members who were subject to Defendants' policy and/or practice of failing to provide unpaid 30-minute uninterrupted and duty-free meal periods or one hour of pay at the Class Member's r...
2021.03.12 Motion for Approval of Class Settlement 727
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.12
Excerpt: ...our violations. That pleading identified the prospective class as “all California citizens currently or formerly employed by Defendants as nonexempt employees in the State of California within four years prior to the filing of this action to the time the class is certified,” and a sub-class of “members who separated their employment with Defendants at any time within three years prior to the filing of this action to the time the class is ce...
2021.03.12 Motion for Approval of Class Settlement 338
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.12
Excerpt: ...Defendants in California in the past four years who were not covered by a CBA between Kindness and IBEW Local No. 47. (The union subclass has since been merged into the non-union subclass, as explained in counsel's recent supplemental filing.) The referenced litigation is slated to resolve for a gross settlement amount of $850,000.00. Counsel proposes the following deductions/allocations: Attorney Fees: $297,500.00 Litigation Costs: $35,000.00 Pl...
2021.03.05 Motion for Final Approval 987
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.05
Excerpt: ...ns/allocations: Attorney Fees: $50,000.00 Litigation Costs: $11,859.46 Plaintiff Enhancement: $7,500.00 Admin. Costs: $5,250.00 LWDA PAGA Penalties: $3,750.00 Class size: 47 Net to employees: $71,640.54 All class members: $66,871.01 (67% 1099) Wage sub-class: $3,519.58 (67% 1099) PAGA employees: $1,250.00 (100% 1099) There has been complete satisfaction of the notice requirement, and zero objections or opt- outs. As part of the settlement, defend...
2021.03.05 Motion for Approval of Class Settlement 614
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.03.05
Excerpt: ...y three years. It began in March of 2018 with a putative class action suit filed in Alameda County by then plaintiff Tracy Reid and grew into five separate lawsuits in state and federal court throughout California. All of the representative plaintiffs came together for a global settlement, and in so doing agreed that the most efficient way to complete the resolution was to bring it to this Court. The resulting settlement was the product of severa...
2021.02.26 Motion for Approval of Class Settlement 690
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ...reof. Procedurally, the trial court must confirm that plaintiff satisfied all of the pre- and post-filing requirements. For example, before the lawsuit was filed, plaintiff was required to give the LWDA pre-filing notice via its online portal, within one year of the offense, “of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.” The notice must contain at lea...
2021.02.26 Demurrer 066
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ... Although a demurrer is ordinarily limited to matters found within the four corners of the challenged pleading, in the case of a plea in abatement under sub (c), a trial court will often consider matters outside the four corners that are subject to judicial notice. See CCP §430.30; Bistawros v. Greenberg (1987) 189 Cal.App.3d 189, 191-192. Pursuant to Evid. Code §452(d), a trial court may take judicial notice of court records. Here, defendant p...
2021.02.26 Motion to Compel Production 037
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ...ed expert consultant, specifically employing the services of the OCSD. Rebecca Latta is a certified arborist and tree risk assessor, with 28 years of experience in horticulture, arboriculture and water management for municipal, utility, residential and commercial properties. Review of her cv suggests that the bulk of her expert services manifest in site inspections and written opinions, though she has “provided 3 depositions and testified in 2 ...
2021.02.26 Motion for Protective Order, to Compel Answers, Deposition 462
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ...e operative pleading contains two causes of action: one based on consumer misrepresentation (Civil Code §1750 et seq), and the other on the Patient's Bill of Rights (H&S Code §1430(b). Before the Court are a myriad of discovery disputes, summarily described as follows:  Defendants' motion for a protective order to stay a managing agent deposition;  Plaintiff's motion to compel the very same deposition;  Plaintiff's motion to compel the...
2021.02.26 Motion to Approve PAGA Settlement 582
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ...laim, the trial court must review and approve any settlement thereof. Procedurally, the trial court must confirm that plaintiff satisfied all of the pre-filing and post-filing requirements. For example, before the lawsuit was filed, plaintiff was required to give the LWDA pre-filing notice via its online portal, within one year of the offense, “of the specific provisions of this code alleged to have been violated, including the facts and theori...
2021.02.26 Motion to Compel Discovery Responses 612
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.26
Excerpt: ...justment program which, under Civil Code §1795.92, must be communicated to all owners of Kia vehicles with the same sunroof. Plaintiff pleads the claim as one for an unfair or unlawful business practice under B&P Code §17200. Kia calls its program a “goodwill gesture” rather than an actual adjustment to its formal written warranty. Class certification was denied in the related action (Kondash v. Kia Motors America, Inc., Case No. 1:15-cv-50...
2021.02.19 Motion to Set Aside or Vacate Judgment 862
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...” or “constructively” commenced in a timely manner. This would appear to be beyond the scope of what section 473(b) authorizes, with the relief being sought here essentially reexamining the final determination of the merits of the case. To illustrate, Civil Code 8460(a) has been described as a kind of statute of limitations. (See Petersen v. W. T. Grant Co. (1974) 41 Cal.App.3d 217, 219; Automatic Sprinkler Corp. v. Southern Cal. Edison Co....
2021.02.19 Motion to Set Aside or Vacate Judgment 626
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...” or “constructively” commenced in a timely manner. This would appear to be beyond the scope of what section 473(b) authorizes, with the relief being sought here essentially reexamining the final determination of the merits of the case. To illustrate, Civil Code 8460(a) has been described as a kind of statute of limitations. (See Petersen v. W. T. Grant Co. (1974) 41 Cal.App.3d 217, 219; Automatic Sprinkler Corp. v. Southern Cal. Edison Co....
2021.02.19 Motion to Compel Answers 197
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...o compel further responses to RPDs and SRogs. The parties have previously attended an Informal Discovery Conference and exchanged private financial information with an eye toward a strategic settlement. Neither avenue succeeded. Production of Documents The party seeking documents in an opponent's possession, custody or control must describe with reasonably particularity the specific document, or category of documents, sought. In addition, he/she ...
2021.02.19 Motion for Final Approval 252
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...rse necessary business expenses. After extensive investigation and an exchange of information and documents, including defendant providing a large volume of documents and data points via excel spreadsheets, Plaintiff was able to evaluate the facts of the case and the veracity, strength, scope, and value of the claims. The parties eventually settled the case with the aid of a professional mediator for the gross amount of $1,500,000.00 – subject ...
2021.02.19 Motion for Final Approval 122
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...r extensive investigation and an exchange of information and documents, including defendant providing a large volume of documents and data points via excel spreadsheets, plaintiff was able to evaluate the facts of the case and the veracity, strength, scope, and value of the claims. The parties eventually settled the case with the aid of a professional mediator for the gross amount of $307,626.00 – subject to the following allocations:  Attor...
2021.02.19 Motion for Approval of PAGA Settlement 169
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.19
Excerpt: ...  Number of pay periods: 1,518 o 11/22/16  02/19/17 o 11/15/19  10/26/20  Realistic estimation: $178,700.00  Settlement amount: $57,000.00  Attorney Fees: $19,166.66  Litigation costs: $11,000.00  Administrator costs: $1,400.00  Plaintiff enhancement: $1,500.00  Net Penalty: o To LWDA: $18,081.25 o To employees: $6,027.09  Ave. penalty per employee: $91.00 Scope of Settlement and Release The operative pleading her...
2021.02.05 Motion for Approval of PAGA Settlement 931
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.05
Excerpt: ...ployees with all required overtime pay;  Violations of Labor Code sections 1182.12, 1194, 1197, and 1197.1, and the applicable IWC Wage Order for Defendant's failure to compensate Plaintiff and Aggrieved Employees with at least minimum wages for all hours worked;  Violation of Labor Code sections 226.7, 512(a), and 1198, and the applicable IWC Wage Order for Defendants' failure to provide Plaintiff and Aggrieved Employees with meal periods;...
2021.02.05 Motion for Approval of Class Settlement 575
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.05
Excerpt: ... Pay Rest Period Compensation (Cal. Lab. Code section 226.7);  Failure to Furnish Accurate Wage and Hour Statements (Cal. Lab. Code section 226);  Failure to Pay Wages Upon Discharge (Cal. Lab. Code section 201);  Statutory Penalties (Cal. Lab. Code sections 203 and 558);  Failure to Indemnify and Illegal Deductions from Wages (Cal. Lab. Code section 2802);  Retaliation (Cal. Lab. Code sections 1102.5, 98.6);  Wrongful Terminati...
2021.02.05 Motion for Judgment on the Pleadings 792
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.05
Excerpt: ...vidual or as a class representative. Defendant contends in the demurrer that plaintiff Antigua Cantina lacks standing to pursue relief because it is a dissolved corporation. In the motion for judgment on the pleadings, defendant contends that plaintiff lacks standing because any interests it had in the pending dispute were transferred to the Chapter 7 trustee after it filed for bankruptcy protection. Plaintiff concedes one, but not the other. Sep...
2021.02.05 Motion for Final Approval 338
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.05
Excerpt: ...hearing, the trial court must make a finding, based on the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the stre...
2021.02.05 Motion for Final Approval of Class or PAGA Settlement 399
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.02.05
Excerpt: ...n the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the strength of plaintiffs' case;  the risk, expense, comp...
2021.01.29 Motion to Stay Proceedings 841
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.01.29
Excerpt: ...ion case at issue in federal court. When plaintiffs filed this action, they served Notice of a Related Case, identifying that case as follows:  Dawkins v. Carrington, 0:20-cv-60998, S.D. Fla, filed 05/20/20 However, according to the defense, the related case for purposes of the requested stay is actually:  Thomas-Lawson v. Carrington, 2:20-cv-07301, C.D. Cal, filed 12/16/19 Pursuant to CCP §128(a)(3), every court has the power to provide f...
2021.01.29 Motion for Approval of Class Settlement 958
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.01.29
Excerpt: ...ing on a narrow list of concerns. Counsel responded with substantive supplemental papers adequately addressing this Court's queries as follows:  Any related cases? No.  Allocation mechanism? Negotiated between counsel.  Cy pres interests? No.  Remove objection hurdle. Done.  Revise release scope. Done.  Notice to members in Spanish? Yes. Now that the procedural concerns have been resolved, it is time to consider the settlement i...
2021.01.08 Motion to Compel Further Responses 329
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2021.01.08
Excerpt: ...ain and submit accurate itemized wage statements. She further contends that defendants rounded hours down and failed to honor overtime requirements for shifts exceeding 10 hours. Plaintiff further contends that defendants' meal and rest policies and procedures failed to comply with California law because she (and others) were required to remain “on-call” during meals/breaks. Plaintiff filed this action on 11/20/15. Trial is currently set for ...
2020.12.11 Petition for Relief from Denial of Application 943
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.12.11
Excerpt: ...rprise or excusable neglect to support relief. This is measured by an objective, reasonably prudent person (or here, counsel) standard. (Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1293.) Petitioner has the burden to show the relief is warranted. (Ebersol v. Cowan (1983) 35 Cal.3d 427, 430–432; Department of Water & Power, 82 Cal.App.4th at 1293.) In general, the court examines (1) the nature of the mistake or negl...
2020.12.11 Motion to Quash Discovery Subpoena 900
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.12.11
Excerpt: ...ngaged in limited email discourse regarding the scope of discovery sought by Sunshine. In short, Sunshine wanted documents that might prove the Receiver was biased and motivated by personal, improper reasons. On 08/21/20, Receiver filed the pending motion to quash, insisting that some of the document requests were overbroad and “not relevant.” Receiver did not object to being deposed, but apparently wanted to preserve contentions while still ...
2020.12.04 Motion to Set Aside or Vacate Judgment 962
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.12.04
Excerpt: ...hat the dispute had been settled. On 10/13/17, the parties executed a Settlement Agreement. The key terms were as follows:  Defendant to pay plaintiff a single lump sum of $50,000.00 “by January 15, 2018, or receipt of plaintiff's signature on this agreement, whichever is later;”  Defendant to execute a stipulated judgment in the amount of $94,600.00, to be filed only if settlement payment “is not made.”  Plaintiff “may not ass...
2020.12.04 Motion for Attorney Fees 315
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.12.04
Excerpt: ...tual attorney fees for prevailing in this special proceeding. Both sides appear ready to concede that the underlying contract between the parties contains a type of attorney fee clause. There are three agreements at play: 1. Indemnity Agreement – which obligates defendant's LLC to “fully protect, defend and save [Fidelity] harmless from any and all loss, costs, damages, attorneys and solicitors fees” arising out of a mechanics lien issue. T...
2020.11.13 Petition to Confirm Arbitration Award, to Correct or Vacate Arbitration Award 629
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.11.13
Excerpt: ...rage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.) Lack of prejudice is also a relevant factor. (See Mann v. Cracchiolo (1985) 38 Cal.3d 18, 30; see also Orange County Superior Court Local Rule 352.) Objection re Prematurity of Starr/Hunt's Petition to Confirm: Similarly, the Petition to confirm the award is not fatally premature in its timing. The Heimlich decision did not speak to a trial court's lack of all ...
2020.11.13 Motion to Set Aside or Vacate Default and Judgment 143
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.11.13
Excerpt: ...esentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related claims for reimbursement. Plaintiffs asked Premier Bank to pay them for their investigatory (albeit non-retained) efforts in the approximate amount of $170,000. Premier Bank ultimately paid plaintiffs $99,000 in exchange for a r...
2020.11.06 Petition to Confirm Arbitration 696
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.11.06
Excerpt: ...de § 17701.05(b).) A limited liability company has a legal existence separate from its members. (Denevi v. LGCC (App. 6 Dist. 2004) 121 Cal.App.4th 1211, on subsequent appeal 2004 WL 2416546, unpublished, review denied.) Similarly, an LLC must maintain an agent for service of process. (Corp. Code § 17057(b).) As a legal entity (like a corporation), an LLC must appear in court through counsel. [U]nder a long-standing common law rule of procedure...
2020.10.30 Motion for Relief 509
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.30
Excerpt: ...aintiff submitted a proposed application for renewed judgment on 05/28/20, seeking a new judgment amount of $ 1,022,564.00. Pursuant to CCP § 683.020, no money judgment can be enforced 10 years after the date of its entry unless an application for renewal has been made. Since the 10 year period arguably ran on 04/22/20, the application was late and the judgment lapsed on its face. Nevertheless, as is now common knowledge, this Court was deemed t...
2020.10.30 Motion for Payment of Interim Fees, Costs and Advances 900
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.30
Excerpt: ...hanged materially. The City is now in agreement with the new owner as to the next steps. There is no dispute for this Court to resolve regarding the property. Rather than interim fees, and who to pay, this Court sets an OSC re: discharge of the receiver, final accounting, closing of the receivership, dismissal of the pending petition, and an award of fees/costs. A case becomes moot when a court ruling can have no practical impact or cannot provid...
2020.10.23 Motion for Attorney Fees 650
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.23
Excerpt: ...est on two primary bases: respondents are not parties to the contract containing the prevailing party attorney fee clause; and even if respondents could recoup fees, the amount sought is unreasonable. The Court finds that the petitioners are entitled to reasonable attorney fees but the amount thereof will be determined at the continued hearing. As a general rule, only signatories to a contract containing an attorneys' fees provision are entitled ...
2020.10.09 Motion to Set Aside or Vacate Default, Judgment 143
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.09
Excerpt: ...ated with Premier Bank, but nevertheless felt that the sale was problematic. As it turns out, they may have been on to something since Premier Bank ultimately paid Valley Capital $675,000 in “damages” for accounting misrepresentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related c...
2020.10.02 Motion to Vacate 612
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.02
Excerpt: ...on (2009CV899) was concluded by way of a default judgment in Fremerman's favor for the aggregate amount of $146,716.40. The default was not for want of any initial appearance, but rather as a terminating sanction for discovery abuses. Kim was represented by counsel in the Colorado action. On 04/04/11, Fremerman assigned all rights and interest in the judgment to Judicial Assertion Systems, Inc. On 04/15/11, Judicial Assertion Systems made applica...
2020.10.02 Motion for Assignment Order 847
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.10.02
Excerpt: ...as follows: 1. Defendants misappropriated AGA's trade secrets, and were unjustly enriched in the amount of $1,028,431.00; 2. Defendants negligently interfered with AGA's prospective economic advantage but caused no economic harm; 3. Johnson breached his duty of loyalty but caused no economic harm. Following motions for costs and fees, the matter was taken up on appeal to the DCA. Therein, a decision was rendered affirming most of what the trial c...
2020.09.25 Motion to Dismiss 471
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.09.25
Excerpt: ...ict a deposition notice for Nguyen. The deposition was continued to 01/09/20. Neither Nguyen nor counsel appeared for the deposition. State Farm brought forth a number of discovery motions, which were heard by this Court on 12/06/19. In pertinent part, Nguyen was given 15 days to provide verifications, and 45 days to appear for deposition. State Farm was ordered to give notice and file proof thereof. On 12/09/19, State Farm filed a Notice of Ruli...
2020.08.28 Petition for Relief from Claim Statute 084
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.08.28
Excerpt: ...t Late Claim on September 30, 2019. Petition, Ex. 5 [Hamilton Decl.], at ¶3. As such, to be timely, Petitioner's cause of action must not have accrued prior to September 30, 2018. There is no dispute that more than half of the incidents complained of occurred after September 30, 2018. See Petition, Ex. 1, Attachment 1; Opp., at p. 7. Respondent presents no authority on the accrual date when there are a series of incidents of abuse and neglect th...
2020.08.28 Petition for Hearing on Third Party Claim 720
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.08.28
Excerpt: ...Court intends to issue its ruling. The Court's decision is based on the records of the case and the reasonable inferences to be drawn from the evidence. For the reasons stated below, third party Mr. Joshua Bates' claim is Denied. The third party claimant has the burden of proof at the hearing. (CCP § 720.360.) The community estate is generally liable for a debt incurred by either spouse before marriage. (Fam. Code § 910.) The separate property ...
2020.08.28 Motion to Enforce Settlement 027
Location: Orange County
Judge: Di Cesare, James
Hearing Date: 2020.08.28
Excerpt: ... and from the subsequent modifications agreed to by the parties. Defendant alleges Plaintiff is precluded from seeking that $71,000 on the basis of res judicata due to the terms of the Settlement Agreement (“Agreement”) the parties entered into in the present matter on or about 05/29/12. Motion, Ex. B. Defendant argues that Plaintiff's Second Amended Complaint (“SAC”) contains four brief references to “equalization payments” (SAC ¶¶...

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