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2023.04.07 Motion for Preliminary Approval of Class Action Settlement 495
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.04.07
Excerpt: ...so 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. Unnamed class members are not parties to the settlement agreement. T...
2023.03.24 Motion to Compel Arbitration and Stay Proceedings 751
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.24
Excerpt: ...7- 28. The fact that defendant cites to the applicable arbitration rules rather than the agreement itself undercuts defendant's claim that the delegation here was clear and unmistakable. Ajamian v. CantorC02e. L.P. (2012) 203 Cal. App. 4th 771, 788. Moreover, the AAA rules which defendant quotes are the AAA's Commercial Arbitration Rules and Mediation Procedures, not the AAA Employment Dispute Resolution Rules referenced in the parties' agreement...
2023.03.24 Motion to Compel Arbitration 091
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.24
Excerpt: ...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 by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP 51281.2. Plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and the law. The defense of unconscionability requires that the arb...
2023.03.17 Motion to Compel Individual Arbitration 604
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.17
Excerpt: ...s will not be dismissed, but will be stayed pending completion of the arbitration and pending the California Supreme Court's decision in Adolph v. Uber Technologies. Inc., Case No. S274671. The Case Management Conference set for May 4, 2023 is ordered off calendar. A Post-Arbitration Review Hearing is set for September 21, 2023 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuan...
2023.03.17 Motion to Compel Deposition 635
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.17
Excerpt: ...on notice, including the so-called Secret Agreement. However, the document production and testimony may be made subject to a Protective Order. In 2013, plaintiffs' property was part of Lots 10 and 11, which were owned by Steve and Jilly Rebeil, the lots were developed to construct two homes that extended from the top of the street down to the beach area, plaintiffs purchased Lot 11, and the Rebeils retained Lot 10. In 2014, plaintiffs, the Rebeil...
2023.03.17 Motion for Summary Adjudication 323
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.17
Excerpt: ...ion. The court overrules Navigators' objections to the Declarations of J. David Bournazian and David Ezra. The court sustains Navigators' objections to the Declaration of David Keefe in its entirety for lack of foundation and on the ground that it is not cited in plaintiff's separate statement and therefore "does not exist". San Diego Watercrafts. Inc. v. Wells Fargo Bank (2002) 102 cal. App. 4th 308, 310. The court admonishes both sides for thei...
2023.03.10 Motion for Leave to Amend Complaint 004
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.03.10
Excerpt: ...ntentional misrepresentation against defendant Frank Torres Construction, Inc., and against defendants DS Thames International, Inc. and Derrick Thames. The court may, in the furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading. CCP §473(a)(1). California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits. IMO Developmen...
2023.02.17 Motion for Attorney Fees 341
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.02.17
Excerpt: ...nded to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” The court of appeal stated in its Opinion: “The question presented by KRS's appeal is straightforward and easily resolved, such that most reasonable attorneys would conclude KRS had little or no chance of prevailing. And yet, KRS pursued it anyway.” The appellate court's conclusion ...
2023.02.10 Motion for Preliminary Approval of Class Action Settlement 991
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.02.10
Excerpt: ...y amended settlement agreement. Counsel also must provide a red-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 and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The signature page of Plaintiff's declaration attached t...
2023.02.10 Motion for Class Certification 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.02.10
Excerpt: ...epresentatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal. 4th 1004, 1021. These elements are typically referred to as (1) ascertainability; (2) numerosity; (3) commonality; (4) typicality; (5) adequacy; and (6) superiority. Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal. App. 4th 676, 681...
2023.01.27 Motion to Compel Arbitration 248
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.01.27
Excerpt: ...nia Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Defendant's Request for Judicial Notice is granted. A Post-Arbitration Review Hearing is set for July 28, 2023 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 PAGA claim ...
2023.01.13 Motion to Compel Arbitration of Complaint and Dismiss or Stay Procedings 335
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.01.13
Excerpt: ...eable due to unconscionability. The defense of unconscionability requires that the arbitration agreement be both procedurally and substantively unconscionable. De La Torre v. CashCall, Inc. (2018) 5 Cal. 5th 966, 982; Baltazar v. Forever 21, Inc. (2016) 62 Cal. 4th 1237, 1243; Baxter v. Genworth North America Corp. (2017) 16 Cal. App. 5th 713, 723. Procedural unconscionability is present here because the court has weighed the evidence and conclud...
2022.12.30 Motion for Preliminary Approval of Class Action Settlement 609
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.30
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 motion provides the estimated average payment to cla...
2022.12.30 Motion to Approve PAGA Settlement 507
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.30
Excerpt: ...e 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. There is an individual...
2022.12.23 Motion for Summary Adjudication 951
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.23
Excerpt: ...l prejudice to Team Makena since it filed a reply that made substantive responses to the arguments raised in the opposition papers. The court overrules Team Makena's objection to, and denies its motion to strike, Lasso's opposition papers. Nonetheless, the court expects all future filings to be timely and compliant with all applicable procedural rules. Team Makena seeks summary adjudication of John Lasso's second cause of action for breach of con...
2022.12.16 Motion to be Admitted Pro Hac Vice 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.16
Excerpt: ...e, pursuant to Gov. Code §70617(e)(2). Defendant Fusion is ordered to give notice of the ruling unless notice is waived. Plaintiff Robert L. Crysel's (1) Motion to Compel Further Response to Special Interrogatories, Set 2, Propounded on Defendant Thomas W. Savino and Request for Sanctions, (2) Motion to Compel Further Response to Special Interrogatories, Set 1, Propounded on Defendant Tucker Advisory Group, Inc. and Request for Sanctions, and (3...
2022.12.02 Motion for Preliminary Approval of Class and Representative Action Settlement 360
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
Excerpt: ...ement. 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 motion fails to provide the court with the esti...
2022.12.02 Motion for Preliminary Approval of Class Action Settlement 488
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
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 that simply asserts the issues have been resolved. There is no definition in either the settlement agreement or the cl...
2022.11.18 Motion to Compel Arbitration and Dismiss Representative Claims, Stay All Civil Proceedings 364
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...nagement Conference set for January 13, 2023 is ordered off calendar. A Post- Arbitration Review Hearing is set for May 26, 2023 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 by Stipulation and Order before the hearing or in their Joint Status Report if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual cl...
2022.11.18 Motion to Compel Arbitration 030
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...tions #1 and 3 to the Declaration of Carenna Vargas are overruled, #2 is sustained as to the first sentence and overruled as to the second sentence, and #4 is overruled as to the first sentence and sustained as to the second sentence. Defendant's Specific Objections to the Declaration of Eric Yaeckel are sustained in full. The case of Gamboa v. Northeast Community Clinic (2021) 72 Cal. App. 5th 158, 165, compels the denial of this motion. There, ...
2022.11.18 Motion to Change Venue 856
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...ons why the attendance of each would be inconvenient. Peiser v. Mettler (1958) 50 Cal. 2d 594, 607. Defendant's moving declarations simply provide, in ¶4 of attorney Lee's Declaration, “I anticipate that Plaintiff will require depositions from witnesses and/or experts that Defendant intends to call to trial. The depositions will require several trips to Fresno County to complete the several depositions of the following witnesses and/or experts...
2022.11.04 Motion to Compel Arbitration and to Dismiss Claims 792
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ..., Inc., Case No. S274671. The Status Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for May 26, 2023 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 claims asserted by plaintiff and that no grounds exist to bar...
2022.11.04 Motion to Compel Arbitration and Stay Action 880
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ...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 claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concepts Franchise Corp. (2011) 194 Cal. App. 4th 704, 708. Pl...
2022.11.04 Motion for Final Approval of Class Settlement, for Attorney Fees 682
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ... effective, and that the purported opt-out by Sarah A. Villar was untimely and thus not effective. The Settlement Agreement provided in Section III(E)(3)(c), “Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than forty-five (45) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement.” The ...
2022.10.07 Petition to Compel Individual Arbitration, Dismiss Class and PAGA Claims, Stay Action 308
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.10.07
Excerpt: ...tion and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Plaintiff's Request for Judicial Notice is denied as moot. The Case Management Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for April 6, 2023 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...
2022.09.30 Demurrer to TAC 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: ...nc.'s Demurrer to Third Amended Complaint is sustained without leave to amend. All four of the Requests for Judicial Notice are granted. However, while courts may take judicial notice of public records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) ...
2022.09.30 Motion for Summary Adjudication 203
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: ...tters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. The court declines to rule on plaintiffs' evidentiary objections because the court does not deem such evidence material to its disposition of the motion under CCP §437c(q). There are triable issues of fact as to whether plaintiffs agreed to the release, and as ...
2022.09.30 Motion for Attorney Fees 542
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: .... Aller's efforts resulted in the enforcement of an important right affecting the public interest, a significant benefit was conferred on a large class of persons, the necessity and financial burden of private enforcement were such as to make the award appropriate, and such fees and costs should not in the interest of justice be paid out of the recovery by the class. The gross settlement amount in this case increased from $1,750,000 to $2,254,280...
2022.09.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 192
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.16
Excerpt: ...d 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 simply asserting that the issues have been resolved. The motion does not provide the court with the estimated high and low payments to be paid to class memb...
2022.09.16 Motion for Approval of Good Faith Determination of Class Action Settlement 507
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.16
Excerpt: ... 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 simply asserting that the issues have been resolved. Plaintiff did not provide the court with a copy of his separate individual settlement agreement, referenced in ¶28...
2022.09.02 Motion for Summary Judgment, Adjudication 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.02
Excerpt: ...that the court deems material to its disposition of the motion. CCP §437c(q). SSMF moved for summary judgment on the ground that plaintiff Richard Carlson lacked standing. Since the filing of this motion, the complaint has been amended to replace Carlson with another beneficiary of the Trust, Rohinton T. Aresh. Since Aresh and Carlson are similarly situated as beneficiaries of the Trust, the analysis is the same. The Maryland Code, which both si...
2022.08.26 Motion for Preliminary Approval of Class Action Settlement 139
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.08.26
Excerpt: ...t. 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 motion does not provide the court with the estimate...
2022.08.12 Motion for Preliminary Approval of Class Action Settlement 982
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.08.12
Excerpt: ...sed 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. Plaintiffs' 35 pages of moving points and authorities exceed not just the usual 15-page limit of CRC Rule 3.1113(d), ...
2022.07.22 Motion to Compel Arbitration, to Dismiss Claims and Stay Action 365
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...
2022.07.22 Motion for Final Approval of Class Action Settlement, for Attorney Fees 842
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...age was 181,892 unique Acorn accounts. However, the list provided to the administrator included 232,199 accounts. Plaintiff must provide an explanation for the substantial increase in the number of accounts. The Administrator cleansed the list of accounts to remove duplicates and otherwise remove purportedly invalid e-mail addresses, and so notice was sent for only 218,684 of those accounts, and only 213,035 successfully received the notice, as t...
2022.07.22 Motion for Approval of PAGA Settlement 613
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...t Agreement, all claims for civil penalties under PAGA that were asserted or could have been asserted based on the facts alleged in the Second Amended Complaint, including the specific claims set forth in subsections (a) through (h) of Section 2.2 of the Settlement Agreement. It is within the extent allowed by law to permit the release of the claims for (e) failure to reimburse necessary business- related expenses and (g) failure to pay all veste...
2022.07.15 Motion to Seal Portions of Oppositions to Motions in Limine 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.15
Excerpt: ...ng of a redacted version of the document, attached as Exhibit A to the Declaration of Tyler J. Scott in support of this motion. It is further ordered that ROA 1012 be sealed upon the filing of a redacted version of the document, attached as Exhibit B to the Scott Declaration. It is further ordered that ROA 950 be sealed upon the filing of a redacted version of the document, attached as Exhibit C to the Scott Declaration. Defendant must file the r...
2022.07.08 Motion for Subsequent Deposition 613
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
Excerpt: ...records under Evidence Code §§452(d). However, while courts may take judicial notice of court records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. NMAC has shown good cause for a subsequent deposition of Michael Kah...
2022.07.08 Motion to Compel Arbitration, to Dismiss Class Claims and Stay Action 365
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...
2022.07.08 Motions for Summary Adjudication 623
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
Excerpt: ...ial Notice are denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff's evidentiary objections were neither numbered consecutively nor accompanied by a proposed order. As such, they did not comply with CRC Rule 3.1354(b) and (c) and the court declines to rule on them. Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal. App. 4th 1, 8. Under CCP §437c(f)(1), a party may bring a motion for summary ad...
2022.07.01 Motion for Preliminary Approval of Class and Representative Action Settlement 686
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.01
Excerpt: ...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 moving points and authorities are 28 pages long, far exceeding the 15-page limit of CRC Rule 3...
2022.06.24 Motion for Summary Adjudication 114
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.24
Excerpt: ...t apply to any class member, and defendant has provided evidence raising triable issues of fact as to this affirmative defense. Under the Industrial Welfare Commission's orders concerning employees in the mercantile industry, “the overtime provisions do not apply when more than one half the employee's compensation represents commissions”. Keyes Motors, Inc. v. Division of Lab. Standards Enforcement (1987) 197 Cal. App. 3d 557, 561. Specifical...
2022.06.10 Motions for Summary Judgment 592
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...tract or Unjust Enrichment, was adopted recently, in November 2019. The instruction provides that a plaintiff “is entitled to restitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kenned...
2022.06.10 Motion to Compel Further Production of Docs, for Monetary Sanctions 672
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...referee, who will be appointed to hear and determine any and all discovery motions and disputes relevant to discovery in this action. CCP §§639-645.1 and CRC Rules 3.920-3.932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery mat...
2022.06.10 Motion to Compel Further Production of Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery matters and make recommendations to the court on them. Pursuant to CCP §639(a)(5), the court specifically finds that the following exceptional circumstances exist in this case:...
2022.06.10 Motion to Compel Depositions of PMK, for Sanctions 623
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ... jointly and severally, in the amount of $1,720, payable within 30 days. Defendants' request for monetary sanctions against plaintiff is denied. Plaintiff first noticed PMK depositions for defendants on December 4, 2018, over 3 1/2 years ago. Plaintiff noticed the depositions for January 15-17, 2019. Defendants took issue with the dates, but after several attempts to meet and confer, none of the depositions went forward. On April 27, 2020, plaint...
2022.06.10 Motion for Summary Judgment 119
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...stitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. (2018) 29 Cal. App. 5th 230, 238-242.)” The Sources and Authority for the instruction quote the Professi...
2022.05.27 Motion for Preliminary Approval of Class Action Settlement 893
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.27
Excerpt: ... 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. Paragraph 13 of the settlement agreement defines the Effective Date to require approval of the settlement by the Superio...
2022.05.27 Motion for Preliminary Approval of Class Action Settlement 162
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.27
Excerpt: ... 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. Counsel has identified the estimated average and high payments to class members under the proposed settle...
2022.05.20 Motion to Seal 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...dant's Motion to Seal Certain Portions of Plaintiff Heritage Fields El Toro, LLC's Oppositions to AIG Specialty's Motions in Limine is granted as to plaintiff's Opposition to Motion in Limine #5 and 6, but is denied as to plaintiff's Opposition to Motion in Limine #2. Contrary to the assertion in defendant's Notice of Motion, pages 17-19 of Exhibit 1 to the Declaration of Jeffery A. Kiburtz in Support of Heritage Fields' Opposition to AIG Special...

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