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2024.06.14 Motion for Summary Judgment, Adjudication 672
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.06.14

Excerpt: ... §340.6(a) applies to all three causes of action against them. This lawsuit was filed on July 23, 2020, but due to CRC Emergency Rule 9, the statute of limitations for actions filed from April 6, 2020 to October 1, 2020 was tolled until October 1, 2020. Thus, if the one -year statute of limitations applies and plaintiffs discovered, or reasonably should have discovered, the facts of defendants' alleged wrongful conduct more than one year before ...

2024.06.14 Motion for Preliminary Approval of Class Action Settlement 211
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.06.14

Excerpt: ...reement. C ounsel also should provide a red- lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The settlement agreement defines “Class Perio...

2024.06.07 Motion for Preliminary Approval of Class and Representative Action Settlement 182
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.06.07

Excerpt: ...ttlement agr eement rather than any amended settlement agreement. Counsel also should provide a red- lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, wit h references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been ...

2024.05.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 489
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31

Excerpt: ...lso should provide a red- lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. Plaintiff still hasn't ﬁled a First Amended Complaint with PAG...

2024.05.31 Motion for Final Approval of Class Action and PAGA Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31

Excerpt: ...ry per clas s member is only about $278, and based on counsel's lodestar fees, a 30% attorney fee award still results in a generous multiplier of about 1.5. An enhancement award of $5,000.00 is sufficient and proper for a class and settlement of this size, and consid ering the effort plaintiff spent on this case as well as the average recovery per class member. The court concludes that the $435,000 class action and PAGA settlement, as approved, i...

2024.05.31 Motion to Strike 456
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.31

Excerpt: ...covery of costs related to administering the receipt and distribution of funds for emergency services, and (3) plaintiff's allegations regarding claims for the recovery of expended funds that plaintiff received from FEMA, the Federal Emergency Management Agency. Pursuan t to Health & Safety Code §13009(b), plaintiff may seek to recover ﬁre suppression costs incurred by California Highway Patrol and City of Irvine in ﬁghting the Silverado ﬁ...

2024.05.24 Motion to Compel Further Responses 789
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.24

Excerpt: ...'s right to ﬁle a motion to compel further supplemental responses based on the adequacy of Legends' recent supplemental responses as to plaintiff's individual claims. Defendant's Request for Judicial Notice is granted. On April 26, 2024, the court granted in part L egends' request for a protective order, ruling that the court will prohibit all discovery relating to alleged wage and hour violations occurring on or before August 20, 2021, staying...

2024.05.24 Motion for Summary Judgment 713
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.24

Excerpt: ...n under CC P §437c(q). Plaintiff's request to continue the hearing on this motion to allow further discovery is denied. Plaintiff has not shown good cause for such a continuance. Plaintiff's Complaint contains one cause of action, for fraud. Fraud claims are subj ect to a three -year statute of limitations. CCP §338(d). Plaintiff ﬁled this action on September 11, 2020, but Judicial Emergency Rule 9 tolled statutes of limitation from April 6, ...

2024.05.23 Motion for Leave to File FAC 858
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.23

Excerpt: ... the deleted allegations are located,” and “[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...

2024.05.17 Motion for Approval of PAGA Settlement 828
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.17

Excerpt: ...sel also mus t provide a redlined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the sett lement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. T...

2024.05.10 Demurrers 888
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10

Excerpt: ... her opposition. The court in Pillsbury v. Karmgard (1994) 22 Cal. App. 4th 743, 753, held that if any person other than a real party in interest brings an action, it is subject to general demurrer. In the case of a trust, the real party in interest is the trustee of the trust. Id. at 753 -54. Thus, to establish standing, plaintiff must amend her Complaint to state facts establishing her status as a trustee of the trust that owns the subject prop...

2024.05.10 Demurrer 903
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10

Excerpt: ...ld have discovere d that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.” The ﬁrst part of this provision therefore requires childhood sexual assault lawsuits to be ﬁled by the plaintiff 's 40th birthday. However, the theneffective CCP §340.1(q) extended the statute by up to three years, with the limitations period expiring by no later than January 1, 202...

2024.05.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 005
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10

Excerpt: ...nsel also sh ould provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the c lass notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff has not provided the court with the estimated hig...

2024.05.10 Motion for Preliminary Approval of Joint Stipulation of Class Action and PAGA Settlement 757
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.10

Excerpt: ...settlement ag reement. Counsel also should provide a redlined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The settlement agreement submitted a...

2024.05.03 Motion to Compel Arbitration 923
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.05.03

Excerpt: ...part of plai ntiff's Eleventh Cause of Action under PAGA. (Memorandum of Points and Authorities at 6:12 -14, 6:19- 20, 7:10-11, 7:16-17, 7:2425, 8:10 -12 and 11:15- 16.) After ﬁling the motion, however, defendant substituted in new counsel, and then in its reply brief, defendant argued for the ﬁrst time that plaintiff's “individual PAGA claim” should be arbitrated. This is a new argument that unfairly and improperly expands the scope of d...

2024.04.26 Motion to Compel Arbitration 621
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26

Excerpt: ..., the court concludes that Agile has failed to meet its burden of authenticating plaintiff's purported electronic signature to the arbitration agreement. Agile provides the declaration of one of its customer service representatives and the on -site representative fo r Agile at Ortronics, Inc., Laura Caratachea, who is responsible for ensuring that employees complete their onboarding documentation. (Caratachea Dec. ¶3.) She states she was respons...

2024.04.26 Motion for Approval of PAGA Settlement 665
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26

Excerpt: ... to the settl ement agreement rather than any amended settlement agreement. Counsel also must provide a red -lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a suppleme...

2024.04.26 Demurrer to FAC 301
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.26

Excerpt: ...gations of th e parties under the agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. (FAC, Ex. 4 §5(11).) Further, defendants are California residents, and the Home Solicitation Sales Act seeks to regula te conduct by defendants. Thus, plaintiff may seek to enforce the Act. As to the Second Cause of Action, plaintiff's allegations adequately plead the existence of a ﬁduciary rela...

2024.04.19 Motion to Compel Arbitration and Dismiss or Stay Proceedings 929
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.19

Excerpt: ...tober 24 , 2024 at 9:00 a.m. The parties must ﬁle a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual clai ms asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Defendant has shown the existence of a signed arbitration agreement dated November ...

2024.04.19 Motion to Compel Arbitration 923
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.19

Excerpt: ...2024 at 9:0 0 a.m. The parties must ﬁle a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted b y plaintiff in his Tenth Cause of Action for Violation of California Business & Professions Code §§17200, et seq. and that no grounds exist to bar enforcement of the agreement. CCP...

2024.04.05 Motion to Intervene 239
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.05

Excerpt: ...des, “Any city receiving notice of the action ﬁled against the board and the county may, within 30 days of the receipt of that notice, intervene in that action.” The court need not concern itself with what the statute might imply, because the text is unambiguous. The right of intervention belongs to a city, and DWA is not a city. As the court noted in Busse v. United PanAm Financial Corp. (2014) 222 Cal. App. 4th 1028, 1038, “The classic ...

2024.04.05 Motion for Final Approval of Class Action Settlement 363
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.04.05

Excerpt: ...s will be sp lit between the two law ﬁrms representing plaintiff and the class, so that the court can approve separate attorneys' fees awards. The initial preliminary approval papers stated there was no fee splitting, without any supporting citation. The Class Notic e said that Class Counsel is Kingsley and Kingsley, but Abramson Labor Group is on the caption and plaintiff declares in ¶6 of his declaration that he consented to a fee -splitting...

2024.03.29 Motion to Compel Further Responses, for Monetary Sanctions 408
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.29

Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...

2024.03.22 Motion to Compel Further Responses 408
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.22

Excerpt: ...commission reports and commission summaries for all put ative class members, within 20 days. Plaintiffs served a request for production of documents seeking documents relevant to seeking class certiﬁcation, including documents concerning the “salaries, wage levels, hourly rates, commissions, and/or bonuses of each and every COVERED EMPLOYEE” (Request for Production No. 72). Defendants provided unveriﬁed responses with various objections t...

2024.03.22 Demurrer to SAC 026
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.22

Excerpt: ...r Competition Law. Defendant challenges the pleading on the ground that plaintiff has failed to allege a defect in materials or workmanship, as required under 13 C.C.R. §2037(b)(2). Plaintiff relies on 13 C.C.R. §2037(b)(1), which discusses design issues, but the extended warranty is found only in 13 C.C.R. §2037( b)(2) and requires a defect in materials or workmanship. Plaintiff's Second Amended Complaint adds legal arguments as to why the Em...

2024.03.15 Motion for Final Approval of Class Action Settlement, Attorney Fees 173
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15

Excerpt: ...hours on this case. Objector Andrew Mapes' Objection to Settleme nt is overruled. Plaintiff has adequately explained the large increase in the number of class members, and has justiﬁed the gross settlement amount remaining unchanged. Objector argues that plaintiff failed to provide sufficient information for the cour t to evaluate the validity of the Pick Up Stix settlements in this case. Objector concedes there is no controlling authority perm...

2024.03.15 Motion to Disqualify Counsel 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15

Excerpt: ...ave standing to bring this motion, let a lone adequate grounds for disqualiﬁcation of plaintiff's counsel as class counsel in this action. Standing generally requires that the party be able to allege an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 1 86 Cal. App. 4th 1347, 1356. Generally, before the disqualiﬁcation of an attorney is proper, the complaining party must have or have had an attorney -c...

2024.03.15 Motion for Preliminary Approval of Class Action Settlement 609
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15

Excerpt: ...so should provide a red -lined version of any revised papers, inc luding the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declarati on or brief that simply asserts the issues have been resolved. The moving papers do not include a copy of the letter that was se...

2024.03.15 Motion to Compel Arbitration 510
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.03.15

Excerpt: ...fendant's motion to stay proceedings pending the outcome of the arbitration of plaintiff Piplack's individual PAGA claim. Defendant's Objections to the Robinson Declaration are sustained as to #6, and overruled as to #1 - 5 and 7- 11. Defendant's Objections to the Sherrod Declaration are sustained as to #1 -3, and o verruled as to #4. Defendant's Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466...

2024.02.16 Motion to Amend Judgment 157
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16

Excerpt: ...aywood 1, LLC. Speciﬁcally, Judgment Creditor has shown the required elements that (1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no long er exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone...

2024.02.16 Motion for Preliminary Approval of Class Action Settlement 888
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16

Excerpt: ...ould provide a red -lined version of any revised papers, inc luding the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declarati on or brief that simply asserts the issues have been resolved. Plaintiff has not ﬁled her First Amended Complaint containing a PAGA...

2024.02.16 Demurrers 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.16

Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to ﬁle a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to ﬁle a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...

2024.02.09 Motion for Summary Adjudication 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.09

Excerpt: ..., 24, 25, 29, 31 -34, 36, 39 and 43- 48. As to #13 and 14, the court's ﬁle does not include any Exhibit W or X, but just a notation that they were allegedly ﬁled under seal. However, the court's ﬁle shows none of Goldman's moving papers being ﬁled under seal. Plaintiffs' supplemental Objections (ROA 527) are overruled. Plaintiffs had the opportunity to respond to Goldman's new evidence submitted on reply. As a threshold matter, Goldman ha...

2024.02.02 Motion to Compel Further Responses 453
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02

Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti¯'s Special Interrogatories #1 and 2 seek the contact information of puta...

2024.02.02 Motion to Compel Further Responses 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02

Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...

2024.02.02 Motion for Preliminary Approval of Class Action Settlement 742
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02

Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a red- lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that si...

2024.02.02 Motion for Judgment on the Pleadings 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02

Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti¯s' allegations of the City's substantial participation are insu¯icient as a matter of law. Plainti¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...

2024.01.26 Motion to Approve PAGA Settlement Agreement 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26

Excerpt: ...vide a red- lined version of any revised papers, including the proposed letter to the aggrieved employees. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. The proposed relea...

2024.01.26 Motion to Compel Individual Arbitration, Dismiss Class Claims, and Stay Proceedings 620
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26

Excerpt: ...e arbitration. Defendants' Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A PostArbitration Review Hearing is set for July 25, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes tha...

2024.01.26 Motion to Vacate Order Compelling Arbitration 248
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26

Excerpt: ...tiff has shown that defendant failed to pay the $14,000 JAMS invoice, first sent on September 13, 2023, within 30 days of its due date. JAMS sent follow-up notices on September 14 and 27, and October 12, 2023. The email sent on September 14, 2023 said that the invoice was due on receipt. Defense counsel admits receiving the invoice and notices but admits not paying JAMS until October 26, 2023, one day after plaintiff served his letter saying he w...

2024.01.19 Motion to Quash Service of Summons 839
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19

Excerpt: ...th 1054, 1062. When determining whether California courts have specific jurisdiction over a nonresident defendant, the question of whether the defendant purposefully availed itself of the benefits of conducting activities in this state focuses on defendant's intent. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 122. Nonetheless, a plaintiff may establish purposeful availment based on the effects of the defendant's out-of-s...

2024.01.19 Motion to Quash Deposition Subpoena and for Protective Order 045
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19

Excerpt: ...the deposition subpoena was not personally served on Burton. But since plaintiff provided proof of personal service in his opposition and Crawford did not refute that evidence in reply, Crawford's motion to quash is denied. Crawford also seeks a protective order requiring that any deposition of Burton take place only after expert witness designations based on the March 11, 2024 trial date. However, plaintiff contends that his deposition subpoena ...

2024.01.19 Motion to Compel Further Responses 771
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19

Excerpt: ...ary 3, 2018 to the present. Defendant's original response consisted of objections, but its supplemental response, as set forth in plaintiff's Separate Statement, cited payroll summaries containing payroll and contact information for non-exempt employees who did not opt out through the Belaire-West notice process, and identified the documents as Bates Nos. 69-1709. Plaintiff's Separate Statement then went on for two pages about defendant's objecti...

2024.01.19 Motion for Summary Adjudication 178
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19

Excerpt: ...l times in my individual capacity", and otherwise overruled, '17 —sustained, 98 — overruled. Plaintiff's Evidentiary Objections as to the original Daniel Nguyen Declaration are: 92 — overruled, "3 overruled as to sentences 1-2, and sustained as to sentences 3-4, 94 — overruled. Plaintiff's Evidentiary Objections as to the supplemental Huynh Declaration are: 94 — overruled as to sentences 1-2 and 4-5, and sustained as to sentence 3, 95 a...

2024.01.12 Motion to Stay Civil Proceedings 714
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12

Excerpt: ... on violations allegedly suffered by other employees. Defendants now ask the court to stay such litigation. The court concludes that litigation of those claims should be stayed pending completion of the arbitration. Both the Federal Arbitration Act and California law provide for a stay of proceedings pending arbitration. 9 U.S.C. 53; CCP 51281.4. More importantly, plaintiff's "group" PAGA claims are based on the same labor law violations she asse...

2024.01.12 Motion for Approval of PAGA Settlement 804
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12

Excerpt: ...ifornia fully releases PAGA claims. This court will not approve a direct release by plaintiff on behalf of the State of California, but will approve a change from "fully releases and discharges" to "shall be deemed to have fully released and discharged". Plaintiff has not submitted her attorneys' bills or a detailed hourly breakdown of her attorneys' hours to support the court's review of the attorneys' fees request. The summary chart in 939 of t...

2024.01.12 Demurrer to SAC 004
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12

Excerpt: ...n late 2013 or early 2014, "Torres verbally represented to Plaintiff Steve Valbuena that the construction of the pool at the project would cost $256,546 to build, and that this amount was the accurate market rate for the construction of a pool of its kind in the project area." However, plaintiffs further allege in 936, "On or around late 2013 or early 2014, while securing a loan for the construction ofthe project, Plaintiff Steve Valbuena was adv...

2024.01.05 Motion for Preliminary Approval of Class and Representative Action Settlement 227
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.05

Excerpt: ...ndment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a redlined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any correctons to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues...

2024.01.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 687
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.05

Excerpt: ... Counsel also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The allocation of only 20% of the settlement payments for...

2023.12.22 Motion to Compel Arbitration and Dismiss or Stay Litigation 295
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.22

Excerpt: ...d #2, and sustained as to #3 (2nd and 3rd sentences only), #4, #5, and the second #1. Plaintiff's request to contnue the hearing to take discovery is denied. The Status Conference set for today is ordered off calendar. A Post-Arbitraton Review Hearing is set for June 28, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a contnuance if arbitration is not yet complete. The court concl...

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