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2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 306
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint filed February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....
2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 039
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...
2024.04.04 Motion to Compel Arbitration 422
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...ion. For the followi ng reasons, defendants' motion is granted in part and denied in part. The sixth cause of action (failure to provide accurate wage statements) and the seventh cause of action (failure to reimburse for expenses) in plaintiff's complaint are ordered to arbitr ation. The remaining claims are stayed pending completion of the arbitration. Civ. Proc. Code § 1281.4. Defendants' motion to strike the class allegations is denied. The a...
2024.04.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 502
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...lation of Class and PAGA Action Settlement, ¶ 4(A)). The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. E.g., the word “reasonably” should be i nserted before “could have been pled”; “[t]he Complaints” should be replaced with “[t]he Second Amended Complaint”; and the phrase “(including the contemplated Second Am...
2024.04.04 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 309
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...iminary Appr oval (ROA 255) served on the LWDA? Plaintiff must file a proof of service with the court reflecting service of the August 26, 2020 order on the LWDA. 2. Has defendant paid all sums owed under the settlement? See Hernandez Decl. (ROA 265) ¶ 15. If not, w hen will defendant pay the outstanding sums owed? 3. Was the escalator clause triggered? 4. The settlement administrator should state whether any disputes were received. 5. The set...
2024.04.02 Demurrers 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.02
Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...
2024.03.21 Motion for Preference 444
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...ed in subdivision (b), actions brought under the provisions of thi s chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and maters to which special precedence may be given by law. “(b) Any action brought under the provisio ns of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take su...
2024.03.21 Motion for Approval of PAGA Settlement 398
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ..., 986. PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cour t has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $600,000 PAGA set...
2024.03.21 Motion for Approval of PAGA Settlement 269
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...6 Cal.4th 969, 986. PAGA settlements are subject to trial court review “to determin e whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cou rt has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $45...
2024.03.21 Demurrer 027
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...n their opposition, cross -defendants have withdrawn the following aff irmative defenses: 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)). Becerra's demurrer to affirmative defenses 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)) is thus overruled as moot. For the following reasons, Becerra's demurrer to affirmativ e defenses 2, 5, 6, 8, 9, 11, 12, 15, 16, 17, 21, 22, 24, 32, 33, 34, 35, 36, 37, 41, 42, 44, 46, 47, 48 and 50 is sustained ...
2024.03.14 Demurrers 465
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...ion: intentional interference with prospective economic relations, intentional interferenc e with contractual relations, and negligent interference with prospective economic advantage. For the following reasons, defendants' demurrers are sustained with leave to amend. allege facts demonstrating or excusing compliance with the claim presentation requirement. Otherwise, [their] complaint is In ruling on a demurrer, a court must accept as true all a...
2024.03.14 Motion for Extension of Five-Year Statute, to Continue Trial 459
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...e Code section 583.310, (ii) continuing the trial date from July 1 5, 2024 to January 15, 2025, and (iii) continuing all trial -related deadlines to track the new trial date. Plaintiffs oppose. For the following reasons, defendants' motion is denied. 11 Section 583.310 provides that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” For certain cases, including this one, this period...
2024.03.14 Motion for Final Approval of Class Action and PAGA Settlement 638
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...f of service (ROA 138) does not reflect service of these documents on the LWDA. Plaintiff must file a proof of service reflecting service of the Order Granting Preliminary Approval and the motion for final approval and its supporting documents on the LWDA. 18 19 2. Has the deadline for exclusions, objections and disputes for the 22 remailed notices elapsed? If so, were any exclusions, objections or disputes received for the remailed notices? ...
2024.03.14 Motion to Compel Arbitration 551
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ...c performance of that contract. Little v. Pullman (2013 ) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Plaintiff argues defendant has not carried its burden of proving the existence of a valid arbitration ...
2024.03.14 Motion to Compel Deposition 920
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ... “What are the last four digits of your Social Security number?” Ob jections: “Irrelevant and not discoverable, and instruct Ms. Mora not to answer.” Ruling: Motion to compel denied. See discussion below. 2. Mora Depo. at 15:14 -18: Question No. 2: “Do you understand that you actually sued my client because they would no t use the last four digits of your Social Security number?” Objections: “Argumentative; harassing witness. I inst...
2024.03.07 Motion to Compel Responses 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.07
Excerpt: ...er 31, 2023 were untimely. Motion (ROA 49) at 4:25 -28. Plain tiff served defendant with the Special Interrogatories and Requests for Production by email on September 27, 2023. Suh Decl. (ROA 39) Ex. A; Suh Decl. (ROA 45) Ex. A. Defendant's responses were due October 31, 2023, i.e., 30 calendar days, plus 2 court d ays for electronic service. Civ. Proc. Code §§ 1010.6(a)(3)(B), 2030.260(a), 2031.260(a). Defendant's responses were timely. Plaint...
2024.03.07 Motion to Compel Further Responses, for Sanctions 404
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.07
Excerpt: ...ction (Set One), and Requests for Admissions (Set One). The court exercises its discretion to consider defendant's late -filed oppositions. For the following reasons, plaintiffs' motions are granted. Defendant asserts it has “never refused to provide the supplemental responses and will provide verified supplemental re sponses to the at issue discovery requests prior to the hearing on the Motions.” Gonzales Decl. (ROA 237) ¶ 10. Defense cou...
2024.03.07 Demurrer to SAC 808
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.07
Excerpt: ...dismissal with prejudice on February 23, 2023 (ROA 19). For unknown reasons, the second amended complaint filed August 28, 2023 (ROA 57) includes Whang as a plaintiff. Second Amended Complaint (ROA 57) at 2:1, 5:1 - 3, 27:7. Whang filed a second request for dismissal with prejudice on October 4, 2023 (ROA 74) . Plaintiff confirms in her opposition what the court file reflects, i.e., that Whang dismissed his claims with prejudice and is no lo...
2024.02.29 Motion for Final Approval of Class Action and PAGA Settlement 692
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.29
Excerpt: ...ot state the three declarations were served on the LWDA. Was the Orde r Granting Preliminary Approval (ROA 114) served on the LWDA? See ROA 125. Plaintiff must file a proof of service reflecting service of the declarations and the Order Granting Preliminary Approval on the LWDA. 2. How many class members are there? The Is las Declaration (ROA 128, ¶ 13) states there are 1,360 class members. The motion (ROA 127) states in one place there are 1,...
2024.02.29 Demurrer to FAC 920
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.29
Excerpt: ...1. All demurrers to the first amended complaint based on Civil Procedure Code section 583.210 are overruled; 2. Lake's demurrer to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 is overruled; 3. Diamond PEO, BZ Resources, VL Best PEO aka VL PEO, and Skyhigh PEO's demurrers to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 are sustained without leave to amend; 4. Lake's demurrer to the first amended ...
2024.02.23 Motion for Preliminary Approval of Class Action Settlement 337
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...mount be added to the gross settlement amount? How will the class mem bers be advised of this potential change in the settlement amount? If defendants have not paid the late fees, when will they do so? 2. Paragraph 4(e) of the Second Amended Settlement Agreement (ROA 459, Ex. 1) states defendants may void the settlement i f the number of persons who submit requests for exclusion is equal to or in excess of 10% of the total number of persons to wh...
2024.02.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 807
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...led in support of the motion (ROA 187, 194 and 197) do not reflect servi ce on the LWDA. Plaintiff must file a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. 2. The motion does not provide sufficient information for the court to evaluat e whether the consideration being received for the release of class members' claims is reasonable in light of the stre...
2024.02.23 Motion for Final Approval of Class Action Settlement 439
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...Plaintiff's counsel should submit a declaration i n support of the requested attorneys' fees and litigation costs that includes: a. A statement that the hourly rate for each attorney is the reasonable and usual hourly rate charged by that attorney for similar services; b. The total number of hours worked by each attorney on the case; and c. If fees are sought for paralegals, verification that each paralegal meets the requirements of Business & P...
2024.02.23 Motion for Approval of PAGA Settlement 787
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.23
Excerpt: ...009) 46 Cal.4th 969, 986 . PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of ...
2024.02.16 Special Motions to Strike 585
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.02.16
Excerpt: ...rety. Brill Notice of Motion (ROA 47) at 1:25- 27; LNBYG Notice of Motion (ROA 9) at 2:6 -7. For the following reasons, Brill's and LNBYG's motions are granted. Factual background and allegations Stroj and Brill are both lawyers, although, as alleged in Stroj's complaint, Stroj was suspended from the practice of law for two years beginning in August 2021 “for illegal gambling that took place back in 2015.” Complaint (ROA 1) ¶ 23. Stroj alleg...

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