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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...
2024.05.31 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 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...
2024.05.24 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 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...
2024.05.10 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 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...
2024.05.03 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 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...
2024.04.26 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...
2024.04.19 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 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 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...
2024.03.15 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...

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