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2021.10.01 Motion to Approve PAGA Settlement 295
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.10.01
Excerpt: ...ual recovery under the proposed settlement, including maximum, minimum and average workweeks, and estimated high, low and average payments to be paid to the aggrieved employees based on their workweeks, information that would enable the court to better evaluate the reasonableness of the settlement. The definition of Released Claims used in the settlement agreement in Section I(V) on pp. 3-4 is too broad. Because the scope of a lawsuit is defined ...
2021.10.01 Motion for Summary Adjudication 782
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.10.01
Excerpt: ...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. Defendant Velocity's objection to the Evidentiary Appendix, Exhibit 3, is sustained because the court sees no foundation for it, and defendant's other objections to the Evidentiary Appendix are overruled. Defendant Velo...
2021.09.24 Application to Appear Pro Hac Vice 672
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.09.24
Excerpt: ... three 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) 196 Cal. App. 4th 1366, 1375. The standing issues in this case exist, at least in part, ...
2021.09.17 Motion to Compel Supplemental Responses, for Monetary Sanctions 203
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.09.17
Excerpt: ... the court on April 16, 2021, and therefore relevant for the court to consider in ruling on defendants' Motions to Quash, set for hearing on October 15, 2021. Contrary to plaintiffs' contentions, however, whether Northwood Investors operated as an advisor or manager to three entities that funded a Joint Venture known as NW Congress Center, LLC, which itself was based in California, is irrelevant to the jurisdictional analysis. Nor are plaintiffs ...
2021.09.17 Motion for Summary Judgment, Adjudication 646
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.09.17
Excerpt: ...nd which does not exceed the reasonable costs to the local government of providing the service or product”. Thus, the portion of the City of Anaheim's Electric Utility fees that represents the reasonable cost to the City of providing the service is not a tax. But the City's Electric Utility also pays to the City's general fund an amount of up to 4% of the Electric Utility's gross revenue earned during the previous fiscal year. Plaintiff contend...
2021.09.10 Motion for Preliminary Approval of Class Action Settlement 215
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.09.10
Excerpt: ...d 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 court's file in the first case filed by plaintiff against defendant, Case No. 2020- 01136520, reveals that plaintiff settl...
2021.09.03 Demurrer 750
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.09.03
Excerpt: ...f action under any legal theory, regardless of what label plaintiffs place on their cause of action, and whether they state facts disclosing some right to relief. Michaelian v. State Comp. Ins. Fund (1996) 50 Cal. App. 4th 1093, 1105; Cellular Plus, Inc. v. Superior Court (1993) 14 Cal. App. 4th 1224, 1231. In paragraphs 54-57 and 64 of their Third Amended Complaint, on pp. 27 and 30, plaintiffs allege that the towing of plaintiffs' vehicles viol...
2021.08.27 Motion for Final Approval of Class Action and PAGA Settlements 848
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.27
Excerpt: ... Jose Garcia and Amado Sandria Zarate. Plaintiffs request a 45% attorney fee award, but that request is highly excessive. The usual attorney fee award in wage and hour class action cases is anywhere from 25% to 33 1/3%, with the most common award in federal court being 25% and the most common award in state court being 33 1/3%. On very rare occasions this court has awarded 35%, and plaintiffs here are being awarded 35% because of the amount of ti...
2021.08.27 Demurrer 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.27
Excerpt: ...ded Complaint, and (3) Defendant Wolfgang F. Hahn's Demurrer to Plaintiff's First Amended Complaint, are all sustained with 20 days leave to amend. Defendant CalPrivate Bank's Joinder to Defendants Mikles Trust's and Other Defendants' Demurrer to First Amended Complaint is denied – CalPrivate Bank has its own demurrer and in any event must rely on allegations plaintiff makes against CalPrivate Bank, not against other defendants. All parties' Re...
2021.08.20 Demurrer 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.20
Excerpt: ...h causes of action, is sustained with 15 days leave to amend as to the 10th cause of action, and is sustained without leave to amend as to the 11th cause of action. Defendant Pacific Life Insurance Company's Demurrer to Second Amended Complaint is overruled as to the 1st and 9th causes of action, and is sustained without leave to amend as to the 11th cause of action. Defendants NFP Insurance Services, Inc. and Robin Johnston's Demurrer to Second ...
2021.08.20 Demurrer 511
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.20
Excerpt: ...and Complaints created by plaintiff's counsel in other cases are neither necessary, helpful or relevant here. Defendant's 5/24/21 RJN, Exhibit A, and Defendant's 8/13/21 RJN, Exhibit 3, do not fall within any statutory category for judicial notice. Plaintiff's PAGA letter is not attached to plaintiff's Complaint and is not incorporated by reference in plaintiff's Complaint, as defendant contends. Nor are website printouts a proper subject of judi...
2021.08.06 Motion for Final Approval of Class Action Settlement, for Attorney Fees 584
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.06
Excerpt: ...ion for the employer's share of payroll and unemployment taxes, which the court does not consider to be part of the common fund on which plaintiff's attorneys' fees should be calculated. An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, and considering the work (of an unstated amount of hours) that plaintiff spent on this case. The court concludes that the $190,000 class action settlement, as approve...
2021.08.06 Motion for Preliminary Approval of Class Action Settlement 428
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.08.06
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 simply asserting that the issues have been resolved. Although the motion provides the estimated average payment to class members under the proposed settlement, it fails to provi...
2021.07.16 Motion to Dismiss Case 397
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.07.16
Excerpt: ...nterested in the action or proceeding.” In 2004, the Court of Appeal held that the relief provisions of CCP §473(b) do not apply to a failure to comply with Public Resources Code §21167.4(a). Nacimiento Regional Water Management Advisory Com. v. Monterey County Water Resources Agency (2004) 122 Cal. App. 4th 961, 968. The court reasoned that the application of the §473(b) relief provisions to CEQA dismissals for failing to request a hearing ...
2021.07.16 Motion to Dismiss Action 984
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.07.16
Excerpt: ... Judicial Council Emergency Order 10 extended the five-year deadline to bring a case to trial contained in CCP §§583.310 and 583.360 by an additional six months. Thus, the five-year mandatory dismissal statute becomes applicable on August 26, 2021, in 41 days. This case is a wage and hour class action lawsuit. Even though the case is more than five years old, plaintiffs have not filed a motion for class certification. The court in Warner Bros. ...
2021.07.02 Demurrers 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.07.02
Excerpt: ...t to enforce these provisions. Similarly, defendants have not shown that Maryland law applies to determine standing. Further, as previously noted, the court will not make standing rulings at the pleading stage, in the absence of full briefing and the opportunity for an evidentiary showing. This court also rejects defendants' statute of limitations argument. Defendants argue that plaintiff's allegations of delayed discovery fail, but absent a deta...
2021.07.02 Demurrer 717
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.07.02
Excerpt: ..., Fourth, Seventh and Eighth Causes of Action. The Demurrer to the Second Amended Complaint by Defendant Northwood Investors, LLC is SUSTAINED with 15 days leave to amend as to the First, Second, Third, Fourth, Seventh and Eighth Causes of Action. Based on the Request for Dismissal plaintiff filed on June 21, 2021, the Demurrers to the Fifth and Sixth Causes of Action are MOOT and off calendar. Plaintiff's Request for Judicial Notice is GRANTED. ...
2021.06.11 Motion to Compel Production of Privilege Logs 951
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.06.11
Excerpt: ...rted privilege objections to plaintiff's document requests, this motion involves the content of discovery responses, and the Separate Statement requirement of CRC Rule 3.1345(a) applies. Nonetheless, the court orders defendant ManaMed to comply with its agreement to provide a privilege log, as referenced in its opposition brief at 2:1-2. Plaintiff's request for monetary sanctions is denied. Defendant acted with substantial justification in connec...
2021.06.04 Motion to Compel Responses 951
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.06.04
Excerpt: ...ntiff's request for sanctions against Spartamed and its counsel, Thomas A. Moore and Brownstone Law Group, P.C., is granted in the amount of $4,000, payable within 30 days. The opposition was not substantially justified. Plaintiff Össur Americas, Inc.'s Motion for an Order Compelling Defendant Spartamed, LLC, to Provide Responses, Without Objections, to Plaintiff Össur Americas, Inc.'s Special Interrogatories is granted as to #5, 8, 11 and 16, ...
2021.06.04 Motion for Relief from Waiver of Right to Jury Trial 939
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.06.04
Excerpt: ...une 24, 2019. Renee Mann's cause of action for financial elder abuse against Alex Mann, the only cause of action in any of the many petitions being set for trial that was subject to a right to jury trial, was placed in Phase 2. This court already heard Phase 1 as a court trial. Jack Mann Jr. correctly notes that the trial on the financial elder abuse claim would include some of the undue influence evidence that was part of the Phase 1 trial, in w...
2021.05.28 Motion to Dissolve Preliminary Injunction 951
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.05.28
Excerpt: ...ned with Team Makena, LLC. Lasso argues that the preliminary injunction may last for only three years, from the sale of the last of his ownership interests in Team Makena. Lasso has not submitted any evidence in support of this motion, including any declaration of his own, and he relies solely on judicially noticed documents, two Minute Orders and a 2018 Declaration of Otto Fernandez, a Manager of Team Makena, LLC. Fernandez asserted in paragraph...
2021.05.28 Motion for Preliminary Approval of Class Action Settlement 152
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.05.28
Excerpt: ...apers, including the class notice. The settlement agreement (in §3.04(a) on pp. 9-10) and the class notice (in §4 on pp. 2-3) provide that the Administrator will resolve any workweek disputes. The documents should reflect instead that the Administrator and the parties will attempt to resolve any such dispute, but that the court ultimately will decide any unresolved dispute. In §§8 and 13 of the class notice, the four references to the Final F...
2021.05.21 Motion to Approve Settlement Agreement 180
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.05.21
Excerpt: ...sion 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 simply asserting that the issues have been resolved. The PAGA Settlement Agreement provides in ¶12 t...
2021.05.14 Motion to Uphold Designation of Docs as Confidential 904
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.05.14
Excerpt: ...ntain nonpublic information that is entitled to confidential treatment under applicable law”. Since tax returns are privileged under California law, MFS's tax returns are entitled to confidential treatment. Webb v. Standard Oil Co. (1957) 49 Cal. 3d 509, 513. Since accounting and financial records are typically treated as confidential, and are typically labeled confidential when being produced pursuant to a protective order, MFS's accounting an...
2021.05.14 Application to Expunge Notice of Pendency of Action 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2021.05.14
Excerpt: ...-65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Under CCP §405.31, the court shall order a lis pendens expunged if it finds that the pleading on which the notice is based does not contain a real property claim. CCP §405.4 defines a real property claim as a cause of action in a pleading that would, if meritorious, affect title to, or the right to possession of, specific real property. The burden is on the pa...

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