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2019.6.27 Request to Dismiss Individual and Class Action Claims 677
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...as commenced would be at odds with the right of a plaintiff to dismiss a case voluntarily and without prejudice set forth in [CCP] section 581, subdivision (b)(1) and subdivision (c), both of which provide that a plaintiff may voluntarily dismiss his or her complaint at any time before the ‘actual commencement of trial.'” (Id. at 1549.) The Court's 3/7/19 order does not prohibit Plaintiff from filing a PAGA claim. Instead, it notes that such ...
2019.6.27 Motion to Compel Arbitration and Stay Proceedings 022
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...co, Inc. (2003) 539 U.S. 52, 56-58.) Thus, the FAA applies. A court's role in considering a petition to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron ...
2019.6.27 Demurrer 358
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...s statements” by failing “to include the total number of hours worked by Plaintiff and the other class members.” (See ¶90 of FAC). Plaintiff alleges that, as a result of the above, Plaintiff and the class have suffered damage. (See ¶91 and ¶93 of FAC). Additionally, earlier in the Complaint Plaintiff alleges Defendant had a practice of “failing to pay them for all regular and/or overtime wages earned…” (See ¶25 of FAC, incorporate...
2019.6.20 Petition for Coordination 029
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ...2018-01019366. It has also reviewed the Declaration of Scott A. Brooks filed on June 10, 2019 (“Brooks Declaration”). Pursuant to Code Civ. Proc., § 404.1, the petition for coordination is GRANTED. All three actions have already been deemed complex by their respective courts. (Code Civ. Proc., § 404.) Further, coordination of the actions will promote the ends of justice. The actions have a substantial amount of overlap of factual and legal ...
2019.6.20 Motion to Compel Further Responses 936
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ...ble evidence ….” (Code Civ. Proc., § 2017.010.) “Courts must insist discovery devices be used as tools to facilitate litigation rather than as weapons to wage litigation. These tools should be well calibrated; the lancet is to be preferred over the sledge hammer.” (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 221.) Here, each request for production follows the same format: “ALL emails between email address [...
2019.6.20 Demurrer, Motion to Strike 271
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ... how, when, where, to whom, and by what means the representations were tendered.” (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993.) “We enforce the specificity requirement in consideration of its two purposes. The first purpose is to give notice to the defendant with sufficiently definite charges that the defendant can meet them. The second is to permit a court to weed out meritless fraud claims on the basis of the ple...
2019.6.13 Motion for Preliminary Approval of Class Action Settlement 817
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. Counsel's valuation of the wage statement claim states there are “46 pay periods in the wage statement Class Period and 26 full time equivalent employees who each worked 46 pay periods ….” (Ackermann Decl., ¶ 31.c.) Counsel should explain whether the “wage statement Class Period” differs from the “Cla...
2019.6.13 Demurrer, Motion to Strike 277
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...2017-00941552 (“RNR Action”). Because the allegations in the FACCs in both actions are nearly identical, as are the demurrers and the motions to strike, the Court permitted Health Net to file a joint opposition to the motions to strike and a joint opposition to the demurrers. Similarly, it allowed RNR and NDR to file a joint reply in support of the motions to strike and a joint reply in support of the demurrers. (4/25/19 Minute Order.) The Co...
2019.6.13 Motion to Compel Arbitration and to Dismiss 857
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...pellate decisions are in conflict. In such a situation, the court exercising inferior jurisdiction can and must make a choice between the conflicting decisions.” (Auto Equity Sales, Inc. v. Superior Court of Santa Clara County (1962) 57 Cal.2d 450, 456.) Currently, there are two binding appellate decisions that contain conflicting holdings on whether claims for unpaid wages under Labor Code § 558 are arbitrable: Zakaryan v. Men's Wearhouse, In...
2019.6.6 Motion for Approval of PAGA Settlement 954
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...ment agreement', to avoid waste of limited Court time and resources. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [citing Lab. Code, § 2699(l)(2)].) As to the Settlement 1. Why is “SCP Distributors, LLC” included in the definition of “Aggrieved Employees.” 2. Plaintiff has not provided any val...
2019.6.6 Motion for Preliminary Approval of Class Action Settlement 206
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...her than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. As to the release in Section 7.1, please clarify the meaning of the phrase “alleged in the Action” and how it differs from the phrase “alleged in the operative complaint.” Also clarify whether class members are releasing any claims that are unrelated to or do not arise from the allegations in the operative complaint. In s...
2019.6.6 Demurrer 180
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...tinued the hearing as to the remaining causes of action (second through seventh) to allow for supplemental briefing. The Court has reviewed the supplemental briefs submitted by the parties and SUSTAINS the demurrer as to the second, third, fourth, fifth, sixth, and seventh causes of action. These causes of action challenge the facial constitutionality of PAGA under the state and federal constitutions. “A facial challenge to the constitutional v...
2019.5.30 Motion to Compel Further Responses 309
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.30
Excerpt: ...tions were filed. Thus all discovery regarding hourly-paid employees is moot. The scope of discovery is broad and is construed liberally in favor of disclosure. (Code Civ. Proc., § 2017.010; Williams v. Superior Court(2017) 3 Cal.5th 531, 541.) There is “no obligation on a party propounding interrogatories to establish good cause or prove up the merits of any underlying claims.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 550.) Further...
2019.5.30 Motion for Final Approval, for Attorneys' Fees 465
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.30
Excerpt: ... prior to that conference regarding the status of the settlement administration. Plaintiffs should suggest a date for the status conference. The final report must include all information necessary for the Court to determine the total amount actually paid to class members. Plaintiffs shall also submit, at least 10 days prior to the conference, a [Proposed] Amended Judgment directing Defendant (or the Claims Administrator on Defendant's behalf) to ...
2019.5.23 Motion to Accept Claims 023
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...mitted claims. “[T]rial courts [are] urged to exercise pragmatism and flexibility in dealing with class actions.” (Cartt v. Superior Court (1975) 50 Cal.App.3d 960, 970.) California courts may look to federal cases interpreting class action procedure “for guidance or where California precedent is lacking.” (Hefczyc v. Rady Children's Hospital-San Diego (2017) 17 Cal.App.5th 518, 531.) Federal “district court ha[ve] discretion to grant l...
2019.5.23 Motion for Reconsideration 980
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...requires a trial court to reconsider its earlier ruling if the decision materially changed the law. [Citations.] Even without a change of law, a trial court has the inherent power to reconsider its prior rulings on its own motion at any time before entry of judgment.” (State of California v. Superior Court (Flynn)(2016) 4 Cal.App.5th 94, 100; see also Code Civ. Proc., § 1008(c).) Zakaryan v. Men's Wearhouse, Inc. (2019) 33 Cal.App.5th 659 was ...
2019.5.23 Motion for Judgment on the Pleadings 936
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ....4th 365, 370.) The evident purpose of the notice requirement is to afford the [LWDA], the opportunity to decide whether to allocate scarce resources to an investigation, a decision better made with knowledge of the allegations an aggrieved employee is making and any basis for those allegations. Notice to the employer serves the purpose of allowing the employer to submit a response to the agency [citations], again thereby promoting an informed ag...
2019.5.23 Motion for Approval of PAGA Settlement 765
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...ettlement Agreement (“Amendment”) states the “individual employee shall be eligible to receive a settlement payment without regard to whether he or she worked any minimum number of Pay Periods.” (Amendment, § III, ¶ 2.) However, the Amendment is unclear as to whether this language is replacing any language in the Settlement or being added to the existing language. If the former, Counsel needs to explain what language is being struck and...
2019.5.16 Petition to Coordinate Cases 008
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ... are deemed as complex. (Code Civ. Proc., § 404; California Rules of Court, rule 3.502.) The actions involve a significant number of parties, witnesses and documents. Trial will likely exceed 20 days. And both actions involve securities claims and investments. (California Rules of Court, rule 3.400(b) and (c).) Coordination of the actions will promote the ends of justice. Both actions have substantial overlap of factual and legal issues. Given t...
2019.5.16 Motion to Compel Production of Docs 700
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ...oduction of information neither relevant nor reasonably calculated to lead to the production of admissible evidence. RFP No. 6 is not limited to the type of policy at issue in this lawsuit. Thus, the request would extend to the claims handling and procedures for other types of policies that are irrelevant here, e.g. auto insurance RFP Nos. 24 and 29 are not limited in time. Further, as to No. 29, Plaintiff has not made a fact specific showing of ...
2019.5.16 Motion to Require Posting of Bond, for Joinder 162
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ...s “[t]at there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members.” (Corp. Code, § 17709.02(b)(1) [emphasis added].) “The burden of establishing the statutory condition is on the party moving for security.” (Burt v. Irvine Co. (1965) 237 Cal.App.2d 828, 868.) The trial court has “broad discretion … to dete...
2019.5.9 Motion for Preliminary Approval of Class Action Settlement 461
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.9
Excerpt: ...directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. The Court will not approve class members “opting-in” to the FLSA portion of the settlement by cashing checks. (Settlement, ¶ 45.) This procedure is unnecessary, in an opt- out settlement under California class action procedural law. A recent 9th Circuit decision confirms the release here is sufficient to extend ...
2019.5.2 Motion for Joinder, for Consolidation 271
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.2
Excerpt: ...oid unnecessary costs or delay.” (Code Civ. Proc., § 1048(a).) Consolidation is “a matter committed to the sound discretion of the trial judge.” (Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.) Neither Waterfront nor Davis/Reed has established sufficient common questions of fact or law. The plaintiffs in the 24 actions (the “Waterfront Actions”) sought to be consolidated all provided different goods and/or services at the hotel p...
2019.5.2 Motion for Leave to Intervene 337
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.2
Excerpt: ...tion 387 should be liberally construed in favor of intervention.” (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1200.) Intervention is mandatory upon timely application if “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect ...
2019.4.4 Motion to Compel Arbitration 495
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.4.4
Excerpt: ...ration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc. (9th Cir.2000) 207 F.3d 1126, 1130.) If these requirements are met, “the court...

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