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2022.05.20 Motion for Change of Venue 797
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...ontract at issue was entered into. In its opposition papers, plaintiff explains that it made this assertion because plaintiff was the last party to sign the release, and that it did so in Orange County. Plaintiff cites Braunstein v. Superior Court (1964) 225 Cal. App. 2d 691, 696, in which the court held that the place of making a contract is the place where the last act necessary for its validity was done. Defendant responds that venue is proper...
2022.05.20 Motion to Prohibit Discovery of Privileged Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...hat all of the requested documents are privileged, or that she inspected all of the potentially responsive documents to establish they are all privileged, and thus Peck has not established good cause for the protective order she seeks. Snell and Grad's opposition request for sanctions is granted against Judith Peck in the amount of $6,750, payable within 30 days. Peck's motion lacks substantial justification, and no other circumstances make the i...
2022.05.13 Motion for Judgment on the Pleadings 255
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.13
Excerpt: ...ion is not supported by the findings, or the findings are not supported by the evidence. 11 Lagunita, LLC vs. California Coastal Commission (2020) 58 Cal. App. 5th 904, 918. The agency is the finder of fact, and the court must indulge all reasonable inferences from the evidence that would support the agency's determinations, resolve all conflicts in the evidence in favor of the agency's decision, and presume the correctness of the decision. Save ...
2022.05.13 Applications to Appear Pro Hac Vice 806
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.13
Excerpt: ...t a proof of service by mail of copies of the applications and the notice of hearing of the applications on the State Bar of California at its San Francisco office. The applicants also have not complied with CRC Rule 9.40(e) since they have not shown that they paid the $50 fee to the State Bar of California with the copy of the application and the notice of hearing that must be served on the State Bar. Defendant Kelcourt Plastics, Inc.'s Demurrer...
2022.04.21 Motion to Seal Motion in Limine to Exclude Evidence Related to Loss Reserves 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...as established the criteria set forth in CRC Rule 2.550(d). The court expressly finds that the facts establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric...
2022.04.21 Motion to Compel Individual Arbitration, Dismiss Class Allegations, Stay Action 291
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...rties 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 by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff does not dispute that he signed the arbitration agreement, or that the agreement applies to all of his claims ...
2022.04.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 058
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...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 parties failed to file a Notice of Related Case, even though defense counsel here also represents the same de...
2022.04.21 Motion for Approval of PAGA Settlement 202
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...ttlement agreement. Counsel also must provide a red-lined version of any revised papers. Because a PAGA settlement binds the State and forecloses other employees' PAGA actions that are based on the claims being settled, counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a court or in the pre-filing LWDA waiting period, that could be affected by this settlement. The motion fails...
2022.04.21 Demurrer to SAC 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...o Second Amended Complaint (ROA #253), and (3) Defendant Wolfgang F. Hahn's Demurrer to Plaintiff's Second Amended Complaint, are all sustained with leave to amend until 30 days after the court rules on plaintiff's Motion for Leave to Amend Plaintiffs' Complaint, set for hearing on May 27, 2022. All parties' Requests for Judicial Notice are granted. Plaintiff Richard Carlson has split his causes of action to the extent he asserts in both this cas...
2022.04.15 Motion for Preliminary Approval of Class Action Settlement 801
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.15
Excerpt: ...f 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 must disclose whether there are any other pending class action, individual, or PAGA lawsuits, wheth...
2022.04.15 Motion for Final Approval of Class Action Settlement 748
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.15
Excerpt: ...er the gross settlement amount should be increased to render the settlement fair, adequate and reasonable. Although the settlement agreement contains an escalator clause, there is no indication as to whether the escalator clause has been triggered. Since the Administrator has not disclosed the date that remailed notice packets were sent out, it is not clear whether the deadline to opt out, object in writing, or dispute workweeks has passed. Moreo...
2022.04.15 Motion for Approval of PAGA Settlement 269
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.15
Excerpt: ... 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 simply asserting that the issues have been resolved. As to the Settlement Agreement: 1. Notice to the LWDA w...
2022.04.08 Motion for Preliminary Approval of Class Action Settlement 607
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.08
Excerpt: ...apers, 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 must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a...
2022.04.08 Motion for Preliminary Approval of Class Action Settlement 578
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.08
Excerpt: ...f 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 class members' estimated low payment under the proposed settlement, informa...
2022.04.08 Motion to Compel Individual Arbitration 044
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.08
Excerpt: ...tayed pending completion of the arbitration. The Status Conference set for today is ordered off calendar. A Post- Arbitration Review Hearing is set for October 7, 2022 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 claims asserted by plaintiff, the Agree...
2022.04.08 Motion for Summary Judgment 203
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.08
Excerpt: ...uston Partners, LLC, William E. Bump, Thomas F. Scheidt, Ellen B. Friedman, Lawrence F. Leventon, Paul L. Cohen, Edward Henkin and Pat McRoberts. Defendants' Request for Judicial Notice is granted. It is appropriate for the court to take judicial notice of the status of an entity as listed on the Secretary of State's website. Newport Harbor Ventures, LLC v. Morris Cerrulo World Evangelism (2016) 6 Cal. App. 5th 1207, 1215. However, even though th...
2022.04.08 Motion for Summary Judgment 717
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.08
Excerpt: ...sed 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 meritless, the court can properly overrule, and a reviewing court ignore, all of the objections on the ground that they constitute oppression of the opposing party and an imposition on the resources of the c...
2022.04.01 Motion for Leave to File Complaint 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.01
Excerpt: ... rescind the annuities that form the basis of this lawsuit. However, the court in Major Clients Agency v. Diemer (1998) 67 Cal. App. 4th 1116, held that a claim for equitable indemnity must be based on a joint legal obligation to another for damages. 67 Cal. App. 4th at 1131. Here, if Daily improperly withheld the two letters, he could be liable to plaintiffs for malpractice, which is not a tort for which plaintiffs seek to hold these moving defe...
2022.03.11 Motion to Prohibit Discovery of Privileged Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.03.11
Excerpt: ...'s motion seems to request a blanket finding of privilege, as if every single communication between Peck and any of the 15 plaintiffs is privileged or subject to the joint defense doctrine. Presumably, Peck should inspect plaintiffs' privilege log, and perhaps the documents plaintiffs already produced, to attempt to establish good cause for a protective order. Defendants and plaintiffs must serve their papers on Peck by March 15, 2022, and Peck's...
2022.03.11 Motion for Leave to Intervene 189
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.03.11
Excerpt: ...'s and Cini-Little International, Inc.'s Requests for Judicial Notice are granted. When the corporate status of an insured has been suspended, the insurer has the right to intervene in the litigation against the insured to protect its interests. Garamendi v. Golden Eagle Ins. Co. (2004) 116 Cal. App. 4th 694, 709. The moving parties were insurers for defendant, cross-complainant and cross-defendant Rosser International, Inc., who has been suspend...
2022.02.25 Motion to Strike Punitive Damages 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.02.25
Excerpt: ... policy that should not have been sold to any investor because split- dollar agreements were no longer being recognized by the IRS as offering tax relief, that Johnston and NFP knew that selling such a policy was unsuitable for the Trust and inappropriate under industry standards, that NFP also knew that the Policy was inappropriate because Minnesota Life had previously refused to underwrite the Policy in 2014, that the sale of the Policy was for...
2022.02.25 Motion to Compel Arbitration, Strike Putative Class Claims, and Stay or Dismiss Action 477
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.02.25
Excerpt: ...ayed pending completion of the arbitration. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for August 25, 2022 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 exist valid agreements between plaintiff and defendants to arbitrate the individual c...
2022.02.18 Motion to Compel Responses 261
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.02.18
Excerpt: ...is denied. Defendant's responses are not code compliant. The requests mostly asked defendant to admit that a certain statement was made. Defendant's responses simply referenced some communications, without admitting or denying whether the requested statement was made. (Even though defendant “otherwise denied” all of the requests, this denial was legally insufficient in the context of the entire response.) Defendant failed to comply with the s...
2022.02.10 Application for Preliminary Injunction 638
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.02.10
Excerpt: ...blished that Faculty, Staff and Child Care Teacher Retirees have a vested right to be provided with District-funded benefits under the same medical plan as active employees, or that the District's Approved Policy Changes Effective July 1, 2022 are inconsistent with or breach any vested rights held by those Retirees. On August 9, 2021, the Board approved a health insurance plan to go into effect on July 1, 2022 that transitioned all Medicare eligi...
2022.02.04 Motion for Preliminary Approval of Class Action Settlement 808
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.02.04
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. Plaintiffs Nichole Kec and Hopeton Dias have both brought this motion, and are both parties to the settlement agreement, yet plaintiffs seek an enhancement award only for plaintiff Nichole Kec, not for plaintiff Hopeton Dias. Plai...

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