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2023.12.15 Demurrer to TAC 140
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.15
Excerpt: ...job responsibilities, without reimbursement. This allegation satisfies the commonality requirement for class actions at the pleading stage. The court in Prince v. CLS Transportation, Inc. (2004) 118 Cal. App. 4th 1320, 1329, held that a demurrer to a class action complaint is improper where the plaintiff alleges institutional practices that affected all of the members of the potential class in the same manner, and it appears from the complaint th...
2023.12.15 Demurrer to FAC 160
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.15
Excerpt: ...het v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff alleges he was falsely accused of violating masking policies at work when someone reported to plaintiff's employer that he refused to wear a mask. Plaintiff tried to correct that accusation, and later his employer put him under performance review. Plaintiff again tried to refute the false masking accusation, and then was fired. Plaintiff's 1st cause of action is for Wrongful Termin...
2023.12.08 Motion for Protective Order 695
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.08
Excerpt: ...for anonymity should be granted only if the court finds that an overriding interest will likely be prejudiced without use of a pseudonym, and that it is not feasible to protect the interest with less impact on the constitutional right of access. In deciding the issue the court must bear in mind the critical importance of the public's right to access judicial proceedings. Outside of cases where anonymity is expressly permitted by statute, litigati...
2023.12.01 Motion for Final Approval of Class Action Settlement 173
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.01
Excerpt: ... their recovery under the proposed settlement. In the motion for preliminary approval, plaintiff represented that there were 1270 employees, 1189 of whom were class members, 1029 of whom signed Pick-Up Stx agreements, leaving 160 class members to participate in the settlement. But in the motion for final approval, plaintiff represents that there are 1445 class members, 1130 of whom signed Pick-up Stx agreements, leaving 315 class members to parti...
2023.11.17 Motion to Compel Arbitration 183
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.17
Excerpt: ...er employees will be stayed pending completion of the arbitration in this case and/or in the related case of Bustos vs. Stations Service, Inc., Case No. 2022-01297805. Defendants' Request for Judicial Notice is granted as to #1 and 2, and is denied as irrelevant as to #3. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for Ma...
2023.11.17 Demurrer to FAC 998
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.17
Excerpt: ...ies and legally operative language, they do not accept the truth of matters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 254- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiff presented a Government Claims Act claim to the State Bar on October 18, 2021, which was denied on November 12, 2021. (Dfs' RJN, Exs. '-J.) However, the Doe Amendments adding the Stat...
2023.11.09 Motion for Summary Judgment, Adjudication 878
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.09
Excerpt: ...it does not accept the truth of matters stated in those documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiffs' Objections to Evidence are all overruled based on the authority of Cole v. Town of Los Gatos (2012) 205 Cal. App. 4th 749, 764 n.6, that "where a trial court is confronted on summary judgment with a large number of nebulous evidentiary objections, a fair sample of which appear to be meritl...
2023.11.09 Motion for Summary Judgment, Adjudication 534
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.09
Excerpt: ...t does not accept the truth of matters stated in those documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiff's Objections to Evidence are all overruled based on the authority of Cole v. Town of Los Gatos (2012) 205 Cal. App. 4th 749, 764 n.6, that "where a trial court is confronted on summary judgment with a large number of nebulous evidentiary objections, a fair sample of which appear to be meritle...
2023.11.03 Motion to Compel Individual Arbitration, Strike Class Claims 377
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.03
Excerpt: .... A Post-Arbitration Review Hearing is set for May 10, 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 concludes that there exists a valid agreement to arbitrate the individual claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff does not deny that she signed the...
2023.11.03 Demurrer 005
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.03
Excerpt: ...nty of Orange, et al., Case No. 8:18-cv-CM55- DOC-JDE. However, this court previously ruled that it will leave the equitable issues in this case for now while the issue of jurisdiction is still being disputed in federal court. Thus, the issue of the availability of monetary damages does not completely dispose of these causes of action, and a demurrer cannot rightfully sustained to part of a cause of action or to a particular type of damage or rem...
2023.10.27 Application for Approval of Settlement Agreement 461
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.27
Excerpt: ...ovided, "The Receiver shall manage and oversee the 0#rations of Synrgo, including, if and as he deems necessary and appropriate, taking steps necessary to properly wind down Synrgo's business, with due regard for the rights of all of Synrgo's creditors." Further, "The Receiver may take all actions he deems necessary to safeguard, preserve, protect, and maximize the value of the Property and the Business; to operate, sell, liquidate, and/or wind d...
2023.10.27 Demurrer 934
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.27
Excerpt: ... to be deceived." Tucker v. Pacific Bell Mobile Services (2012) 208 Cal. App. 4th 201, 225. Defendant argues that the First Amended Complaint contains no factual allegations that the public would likely be deceived. However, plaintiff alleges in "27-29 that the 4% surcharge is not disclosed until after a purchase is complete, and then only as a small line item on a receipt, and misrepresents a price increase as a supply-chain surcharge. Additiona...
2023.10.27 Demurrer, Motion to Stay Case 688
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.27
Excerpt: ... if the circumstances warrant. Plaintiff's Complaint states viable causes of action for declaratory relief and for reimbursement, and defendant's demurrer relies on facts that go outside plaintiff's Complaint and matter that may be judicially noticed, which is -mproper. Plaintiff is entitled to a declaration as to whether or not defendant is entitled to a defense and/or ccwerage in the Hobart litigation in Ohio. Even if there are some overlapping...
2023.10.27 Motion to Report Attorney Misconduct 998
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.27
Excerpt: ...ndants' Evidentiary Objections to Plaintiff's Declaration are overruled as to #1-2, 6-17 and 23-27, and are sustained as to #3-5, 18-22 and 28-29. Defendants' Evidentiary Objections to Plaintiffs Request for Judicial Notice are overruled; the court has disregarded all the commentary included within Plaintiff's Request for Judicial Notice and has simply ruled on the propriety of taking judicial notice of the cmuments referenced therein. Plaintiff ...
2023.10.27 Motion to Strike 119
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.27
Excerpt: ...ical services in the future was legally unavailable, noting it was impossible for Kaiser to defintively know the reasonable and customary value of emergency medical services until a jury fixed that value. 71 Cal. App. 5th at 343. Yet plaintiffs here allege in 965 of their First Amended Complaint at 15:6—8, "KPC HOSPITALS seek an injunction prohibiting Kaiser from continuing to deduct the items and services from KPC HOSPITALS' bills when paying ...
2023.10.23 Motion for Preliminary Approval of Class Action Settlement 778
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.23
Excerpt: ...vide 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 correctons 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. Plaintiffs have not provided the court with the estimated high and low payments to...
2023.10.20 Motion for Preliminary Approval of Class Action Settlement 295
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.10.20
Excerpt: ...ment. 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 correctons 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 provides at 20:17 that the A...
2023.09.21 Demurrer to SAC 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.09.21
Excerpt: ...hip between the parties was superseded by the formation of the various LBG LLCs, and that the alleged separate projects were not business opportunities of LBG REC. Plaintiffs note, however, that the integration clause for each LLC concerns only the parties' agreements as to each individual LLC, not the overall partnership agreement among them. Thus, there is a triable issue as to whether each partnership was superseded by the formation of the LLC...
2023.09.15 Motion for Summary Judgment, Adjudication 988
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.09.15
Excerpt: ...is overruled. Plaintiff's Evidentiary Objection #3 is sustained. The Trial and the Pre-Trial Conference are hereby vacated. Plaintiff Travelers Property Casualty Company of America seeks equitable contribution and equitable indemnity for defense costs it incurred on behalf of Mallcraft, lnc„ who had tendered a claim as an additional insured under plaintiff's belonging to one of Mallcraft's subcontractors, KitCor Corporation, for a case in arbit...
2023.09.15 Motion for Approval of PAGA Settlement 924
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.09.15
Excerpt: ...lined version of any revised papers. 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, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiffs have not provided the court with the estimated high and low payments to be paid to the aggrieved employees under the proposed sett...
2023.09.08 Motion for Summary Adjudication 036
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.09.08
Excerpt: ...homeowner's insurance policy issued by plaintiff. Initially, Logan claimed that his conduct in the underlying altercation "wasn't intentional" but was a "kneejerk reaction" to "get some space, 'cuz Rullier was chasing him". Ashurex Decl. "8-11, Ex. 3. Based on Logan's representations that his conduct was accidental and non-intentional, plaintiff agreed to defend Logan in the Rullier lawsuit on January 7, 2021, subject to a full reservation of rig...
2023.08.24 Motion for Summary Judgment 045
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.24
Excerpt: ...ply with CRC Rule 3.1350(d)(1)(A) and (B), which require Cross-Defendants' Separate Statement to separately identify each cause of action that is the subject of the motion and each supporting material fact claimed to be without dispute with respect to the cause of action that is the subject of the motion. Cross-Defendants' Separate Statement has only one group of Undisputed Material Facts and Supporting Evidence even though this motion applies to...
2023.08.24 Motion for Preliminary Approval of Class Action Settlement 810
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.24
Excerpt: ...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. Although the settlement agreement now defines “Aggrieved Employe...
2023.08.24 Motion for Final Approval of Class Action Settlement and Attorney Fees 548
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.24
Excerpt: ...plaintiffs' contribution to the case, that plaintiffs Vasquez and Gonzalez claim in their identical, unsigned declarations to have spent only about 30-40 hours on the case, and that plaintiff Cervantes was a successor in interest and did not submit any declaration. The court concludes that the $125,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $41,666.66 to pla...
2023.08.18 Motion to Compel Further Responses 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.08.18
Excerpt: ...terminated by plaintiffs/LBG. The court denies the motion as to those documents. Plaintiffs' Request for Production, Set One, seeks documents that relate to Goldman's alleged participation in real estate projects and transactions apart from his work with the LBG entities, and his alleged use of LBG resources for those real estate projects and transactions, including the employment of then-employee of LBG entities Chris Han, which serve as the fac...

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