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2022.09.30 Motion for Reconsideration, to Compel Production of Docs 799
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.30
Excerpt: ...fore it can rule on the motion. To that end, the parties should be prepared to discuss the questions set forth below at the hearing. Depending on the answers, the Court may decide to invite supplemental briefing. I. Propriety of Motion Plaintiffs argue the AG's motion is an improper motion for reconsideration, or not even a motion for reconsideration at all, and should be denied on that basis alone. The Court disagrees. A. Untimely or Improper Mo...
2022.09.30 Demurrer, Motion to Strike 388
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.30
Excerpt: ...llowing rulings: 1. The Demurrer to the 4 th cause of action for fraud is SUSTAINED with leave to amend. 2. The Demurrer to the 5 th cause of action for conversion is OVERRULED. 3. The Demurrer to the 6 th cause of action alleging a violation of Business & Professions Code § 17200 is SUSTAINED with leave to amend. 4. The Motion to Strike Punitive Damages is GRANTED with leave to amend. 5. The Motion to Strike Attorneys' Fees is DENIED. Any amend...
2022.09.22 Petition to Compel Arbitration 401
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.22
Excerpt: ...ndividual basis, including the individual portion of her PAGA claim, as to all named defendants. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. 4. An arbitration review conference will take place on May 17, 2023 at 8:30 a.m. in Department CX-104. I. Factual Background Defendants in this ma...
2022.09.22 Demurrer, Motion to Strike 281
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.22
Excerpt: ...ent, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-complainants' cross-claims are DISMISSED WITH PREJUDICE. Admiral's motion to strike is DENIED AS MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00...
2022.09.22 Demurrer to FAC 489
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.22
Excerpt: ...2 to file a second amended complaint. A status conference will be held on October 4, 2022 at 8:30 a.m. in conjunction with the related case of Luangphonh v. Better Mortgage Corporation 21-1190771. A joint status conference statement should be filed on or before September 27, 2022. Both sides cite unpublished California Superior Court decisions in their papers. “Even assuming for the sake of argument that [these cases] involve[] the same issue a...
2022.09.16 Motion to Compel Individual Arbitration, Strike Putative Class Claims, and Stay or Dismiss Action 978
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.16
Excerpt: ...ration. The Court rules as follows: 1. The motion is GRANTED IN PART AND DENIED IN PART as to the request to compel arbitration. Specifically: a. The motion is GRANTED to the extent Plaintiffs' claims are not based on sexual harassment. b. The motion is DENIED to the extent Plaintiffs' claims are based on sexual harassment. At the hearing, the parties should be prepared to discuss the extent to which Plaintiffs' claims are based on sexual harassm...
2022.09.16 Motion to Compel Individual Arbitration, Strike Putative Class Claims, and Stay or Dismiss Action 797
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.16
Excerpt: ...l arbitration; (2) dismissing Plaintiffs' class claims without prejudice; (3) dismissing Plaintiffs' PAGA claim, and (4) staying proceedings pending the outcome of arbitration. Numerous related defendants have filed a joinder in the motion. (The Court refers to all defendants as “Fitness 19” unless their separate corporate identities are relevant.) The Court rules as follows: 1. The request to order Plaintiffs' claims to individual arbitratio...
2022.09.16 Demurrer, Motion to Strike 066
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.16
Excerpt: ... LLC demur to portions of the First Amended Cross-Complaint (“FAXC”) of Defendants/Cross- Complainants JD Equity Holdings LLC and Jacob Daniels. The Court rules as follows: 1. The demurrer is SUSTAINED based on defect/ misjoinder of parties per CCP § 430.10(d) by virtue of adding Darnell Ponder as a cross-defendant and the 10 th cause of action for constructive trust without leave of court. 2. The demurrer is OVERRULED as to alter ego liabil...
2022.09.09 Motion to Compel Arbitration 826
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.09
Excerpt: ... Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. This case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. As discussed below, the Court is willing to consider a request for limited further briefing from Plaintiff given the way Defendant handled the two arbitration agreements at...
2022.09.09 Motion to Compel Arbitration 647
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.09
Excerpt: ...ual portion of Plaintiff's claim is to be arbitrated, and the representative portion of Plaintiff's claim is stayed pending the resolution of the arbitration. An arbitration review conference will take place on March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS All of Plaintiff's evidentiary objections are OVERRULED. Defendants' objection to Plaintiff's declaration is OVERRULED. Defendants' objections to the declaration of Amir Nayebdadash are al...
2022.09.09 Motion to Compel Arbitration 368
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.09
Excerpt: ... of Plaintiff's PAGA claim. This portion of the case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. The Court sets an arbitration review conference for March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS Plaintiff offers four objections to the Kourasis Declaration submitted in support of Defendant's motion. Objections 1 and 2 are SUSTAINED. Objections 3 and 4 are OVERRULED; however, the Court will not rely on this testi...
2022.09.09 Demurrer to FAP 816
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.09
Excerpt: ...ies on two questions: 1. Is an administrative appeal pursuant to Public Resources Code § 21151 governed by the 14-day period for appeals provided by Laguna Beach Municipal Code section 25.05.070(A)? If not, what is the applicable period? Also, if not, what is the effect, if any, of Petitioners' late-filed appeal that the City rejected as untimely? 2. Is there authority for the situation where an administrative appeal has been withdrawn and the t...
2022.09.02 Petition to Compel Arbitration and Dismiss 757
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.02
Excerpt: ...idual basis and dismiss the representative portion of her PAGA claim. Section 3 of the parties' arbitration agreement provides: “Private attorney general representative actions brought on behalf of the state under the California Labor Code are not arbitrable, not within the scope of this Agreement and may be maintained in a court of law.” (Becker Decl., Ex. A, at p. 2.) Because the parties agreed that PAGA actions cannot be arbitrated, Defend...
2022.09.02 Motion to Compel Arbitration 823
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.09.02
Excerpt: ... the representative portion of their PAGA claims. The Court rules as follows: 1. The motion is GRANTED as to the request to compel arbitration. The individual portion of each Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiffs' PAGA claims. This case is STAYED pending the resolution of Plaintiffs' individual arbitrations....
2022.08.24 Motion for Leave to Amend Petition for Writ of Mandamus and Complaint 589
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.24
Excerpt: ...�Extraction Fee.” The motion is otherwise granted in its entirety. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers ...
2022.08.24 Demurrer 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.24
Excerpt: ...irst Action, the Court will determine whether the case can proceed and whether leave to amend will be permitted. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A demurrer lies when there are two actions pending in California state courts “between the same parties on the same causes of action.” (CCP § 430.10(c).) “In determining whether the causes of action are the same for purposes of pleas in abatement...
2022.08.19 Motion to Compel Arbitration, Dismiss PAGA Claims and Stay Proceedings 736
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.19
Excerpt: ...he August 19, 2022 hearing (either in person or via Zoom) to discuss the issues set forth below. The Court notes the existence of a related class action, Salcido v. NJOORD, No. 22- 1258984. It appears Plaintiff Frederick Salcido erroneously filed his opposition documents in the class action instead of this case. Because no prejudice will result if the Court considers the misfiled documents, the Court will exercise its discretion to consider them....
2022.08.12 Motion to Compel Arbitration, to Dismiss PAGA Claims, Stay Action Pending Arbitration 762
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.12
Excerpt: ...ntiff Maria Ruiz's Individual PAGA Claim; (2) Dismiss Plaintiff's Non-Individual PAGA Claims; and (3) Stay Action Defendant Chartwell Staffing Services, Inc. has filed two motions to compel arbitration, one against Plaintiff Moises Mendoza and one against Plaintiff Maria Ruiz. Defendants Laguna Cookie Company, Inc. and D.F. Stauffer Biscuit Co., Inc. (collectively, “Laguna Defendants”) move to join in Chartwell's motions and have filed their ...
2022.08.12 Motion to Compel Arbitration 245
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.12
Excerpt: ... The Court rules as follows: 1. Defendants' motion to compel arbitration is GRANTED. Plaintiffs are ordered to separately arbitrate their individual PAGA claims. 2. This case is STAYED until Plaintiffs' individual arbitrations conclude. 3. Defendants' request to dismiss Plaintiffs' representative PAGA claims is DENIED without prejudice to reconsideration when the stay is lifted. An arbitration review conference will take place on March 15, 2023 a...
2022.08.05 Motion to Maintain Confidentiality and Seal Protected Docs 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ...rted failure to warn of dangers allegedly associated with Korlym, a name-brand drug it manufactures. Exhibit D to the Moccio Declaration is a compilation of “MedWatch” reports—adverse event reports submitted by Corcept to the FDA as part of Corcept's mandatory reporting duties. These reports were obtained by Plaintiff in the course of discovery. She relied on them in her motion for leave to file a fourth amended complaint, and the Court gra...
2022.08.05 Motion to Contest Good Faith Determination 609
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ... Alltops, Inc. dba All-Tops Roofing; and Qwest Drywall (collectively, the “Settling Parties”). For the reasons set forth below, Wolfenden's motion is DENIED. I. Factual and Procedural Background The underlying complaint in this action sounds in negligence, contract, and misrepresentation. Defendant Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contracto...
2022.08.05 Demurrer 461
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.08.05
Excerpt: ...essional negligence), eleventh (intentional infliction of emotional distress), twelfth (unjust enrichment), thirteenth (unfair insurance practices), fourteenth (declaratory relief), and fifteenth (punitive damages). CDA contends (1) Wright fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)), and (2) Wright's complaint is uncertain, ambiguous, or unintelligible (CCP § 430.10(f)). For the reasons set forth below, the...
2022.07.28 Motion to Compel Further Deposition Answers 611
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...ant to this motion and somewhat confusing. The Court recounts facts necessary to resolution of this motion. This matter is an individual action with a PAGA component. Broadly speaking, Plaintiffs allege Defendants violated wage-and-hour laws and that Plaintiffs were constructively terminated for complaining about those violations. Plaintiffs are represented by the EFLL firm and LaCour. Aguilar, who is not a Plaintiff here, worked for Defendants u...
2022.07.28 Motion for Leave to File Amended Complaint 146
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...nd including trial.” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) But the policy of liberality does not apply “[w]here inexcusable delay and probable prejudice to the opposing party is shown.” (Estate of Murphy (1978) 82 Cal.App.3d 304, 311.) Leave to amend may be denied where amendment would be futile (see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230), but “the preferable practice would be to permit the amend...
2022.07.28 Demurrer, Motion to Strike 281
Location: Orange County
Judge: Claster, William D
Hearing Date: 2022.07.28
Excerpt: ...S MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00823625. Admiral had issued a professional liability policy in favor of Care West that insured both Care West and Jarvis. Cross-Complainants tendere...

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