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2024.04.26 Motion to Compel Arbitration 470
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponde...
2024.04.26 Motion to Compel Arbitration 251
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agr eement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Def...
2024.04.26 Motion for Terminating Sanctions 299
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...
2024.04.26 Motion for Final Approval of Class Action and PAGA Settlement 399
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...
2024.04.25 Motion to Dismiss or Stay 166
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...
2024.04.25 Motion to Compel Production of Docs 735
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...
2024.04.18 Motion for Final Approval of Class Action and PAGA Settlement 518
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...
2024.04.18 Demurrers 884
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...
2024.04.18 Demurrers 387
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...
2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 039
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...
2024.04.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 306
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint filed February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....
2024.04.11 Motion to Compel Arbitration 815
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...tion to co mpel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Defendant has carried its burden...
2024.04.11 Motion to Quash Service of Summons 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ns for lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...
2024.04.11 Motion to Quash Service of Summons 754
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...
2024.04.11 Motion to Stay 078
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...
2024.04.11 Motion to Strike and Tax Costs 375
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ... granting petitioner's writ of administrative mandamus. Judgment (ROA 600). The judgment states petitioner shall recover its costs against the California Department of Insurance as to the petition for writ of administrative mandamus in accordance with Government Cod e section 11523 and Civil Procedure Code sections 1094.5(a) and 1095 in an amount to be determined. Id. Petitioner filed its costs memorandum on September 25, 2023 (ROA 607) seeking ...
2024.04.04 Motion to Compel Arbitration 422
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...ion. For the followi ng reasons, defendants' motion is granted in part and denied in part. The sixth cause of action (failure to provide accurate wage statements) and the seventh cause of action (failure to reimburse for expenses) in plaintiff's complaint are ordered to arbitr ation. The remaining claims are stayed pending completion of the arbitration. Civ. Proc. Code § 1281.4. Defendants' motion to strike the class allegations is denied. The a...
2024.04.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 502
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...lation of Class and PAGA Action Settlement, ¶ 4(A)). The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. E.g., the word “reasonably” should be i nserted before “could have been pled”; “[t]he Complaints” should be replaced with “[t]he Second Amended Complaint”; and the phrase “(including the contemplated Second Am...
2024.04.04 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 309
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.04
Excerpt: ...iminary Appr oval (ROA 255) served on the LWDA? Plaintiff must file a proof of service with the court reflecting service of the August 26, 2020 order on the LWDA. 2. Has defendant paid all sums owed under the settlement? See Hernandez Decl. (ROA 265) ¶ 15. If not, w hen will defendant pay the outstanding sums owed? 3. Was the escalator clause triggered? 4. The settlement administrator should state whether any disputes were received. 5. The set...
2024.04.02 Demurrers 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.02
Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...
2024.03.21 Motion for Preference 444
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...ed in subdivision (b), actions brought under the provisions of thi s chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and maters to which special precedence may be given by law. “(b) Any action brought under the provisio ns of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take su...
2024.03.21 Motion for Approval of PAGA Settlement 398
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ..., 986. PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cour t has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $600,000 PAGA set...
2024.03.21 Motion for Approval of PAGA Settlement 269
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...6 Cal.4th 969, 986. PAGA settlements are subject to trial court review “to determin e whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cou rt has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $45...
2024.03.21 Demurrer 027
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.21
Excerpt: ...n their opposition, cross -defendants have withdrawn the following aff irmative defenses: 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)). Becerra's demurrer to affirmative defenses 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)) is thus overruled as moot. For the following reasons, Becerra's demurrer to affirmativ e defenses 2, 5, 6, 8, 9, 11, 12, 15, 16, 17, 21, 22, 24, 32, 33, 34, 35, 36, 37, 41, 42, 44, 46, 47, 48 and 50 is sustained ...
2024.03.14 Motion to Compel Deposition 920
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.03.14
Excerpt: ... “What are the last four digits of your Social Security number?” Ob jections: “Irrelevant and not discoverable, and instruct Ms. Mora not to answer.” Ruling: Motion to compel denied. See discussion below. 2. Mora Depo. at 15:14 -18: Question No. 2: “Do you understand that you actually sued my client because they would no t use the last four digits of your Social Security number?” Objections: “Argumentative; harassing witness. I inst...

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