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2024.02.02 Motion to Compel Further Responses 254
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...
2024.02.02 Motion for Preliminary Approval of Class Action Settlement 742
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also 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 that si...
2024.02.02 Motion for Judgment on the Pleadings 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.02.02
Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti¯s' allegations of the City's substantial participation are insu¯icient as a matter of law. Plainti¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...
2024.01.26 Motion to Vacate Order Compelling Arbitration 248
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26
Excerpt: ...tiff has shown that defendant failed to pay the $14,000 JAMS invoice, first sent on September 13, 2023, within 30 days of its due date. JAMS sent follow-up notices on September 14 and 27, and October 12, 2023. The email sent on September 14, 2023 said that the invoice was due on receipt. Defense counsel admits receiving the invoice and notices but admits not paying JAMS until October 26, 2023, one day after plaintiff served his letter saying he w...
2024.01.26 Motion to Compel Individual Arbitration, Dismiss Class Claims, and Stay Proceedings 620
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26
Excerpt: ...e arbitration. Defendants' Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A PostArbitration Review Hearing is set for July 25, 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 tha...
2024.01.26 Motion to Approve PAGA Settlement Agreement 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.26
Excerpt: ...vide 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 supplemental declaration or brief simply asserting that the issues have been resolved. The proposed relea...
2024.01.19 Motion to Quash Service of Summons 839
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19
Excerpt: ...th 1054, 1062. When determining whether California courts have specific jurisdiction over a nonresident defendant, the question of whether the defendant purposefully availed itself of the benefits of conducting activities in this state focuses on defendant's intent. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 122. Nonetheless, a plaintiff may establish purposeful availment based on the effects of the defendant's out-of-s...
2024.01.19 Motion to Quash Deposition Subpoena and for Protective Order 045
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19
Excerpt: ...the deposition subpoena was not personally served on Burton. But since plaintiff provided proof of personal service in his opposition and Crawford did not refute that evidence in reply, Crawford's motion to quash is denied. Crawford also seeks a protective order requiring that any deposition of Burton take place only after expert witness designations based on the March 11, 2024 trial date. However, plaintiff contends that his deposition subpoena ...
2024.01.19 Motion to Compel Further Responses 771
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19
Excerpt: ...ary 3, 2018 to the present. Defendant's original response consisted of objections, but its supplemental response, as set forth in plaintiff's Separate Statement, cited payroll summaries containing payroll and contact information for non-exempt employees who did not opt out through the Belaire-West notice process, and identified the documents as Bates Nos. 69-1709. Plaintiff's Separate Statement then went on for two pages about defendant's objecti...
2024.01.19 Motion for Summary Adjudication 178
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.19
Excerpt: ...l times in my individual capacity", and otherwise overruled, '17 —sustained, 98 — overruled. Plaintiff's Evidentiary Objections as to the original Daniel Nguyen Declaration are: 92 — overruled, "3 overruled as to sentences 1-2, and sustained as to sentences 3-4, 94 — overruled. Plaintiff's Evidentiary Objections as to the supplemental Huynh Declaration are: 94 — overruled as to sentences 1-2 and 4-5, and sustained as to sentence 3, 95 a...
2024.01.12 Demurrer to SAC 004
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12
Excerpt: ...n late 2013 or early 2014, "Torres verbally represented to Plaintiff Steve Valbuena that the construction of the pool at the project would cost $256,546 to build, and that this amount was the accurate market rate for the construction of a pool of its kind in the project area." However, plaintiffs further allege in 936, "On or around late 2013 or early 2014, while securing a loan for the construction ofthe project, Plaintiff Steve Valbuena was adv...
2024.01.12 Motion for Approval of PAGA Settlement 804
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12
Excerpt: ...ifornia fully releases PAGA claims. This court will not approve a direct release by plaintiff on behalf of the State of California, but will approve a change from "fully releases and discharges" to "shall be deemed to have fully released and discharged". Plaintiff has not submitted her attorneys' bills or a detailed hourly breakdown of her attorneys' hours to support the court's review of the attorneys' fees request. The summary chart in 939 of t...
2024.01.12 Motion to Stay Civil Proceedings 714
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.12
Excerpt: ... on violations allegedly suffered by other employees. Defendants now ask the court to stay such litigation. The court concludes that litigation of those claims should be stayed pending completion of the arbitration. Both the Federal Arbitration Act and California law provide for a stay of proceedings pending arbitration. 9 U.S.C. 53; CCP 51281.4. More importantly, plaintiff's "group" PAGA claims are based on the same labor law violations she asse...
2024.01.05 Motion for Preliminary Approval of Class and Representative Action Settlement 227
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.05
Excerpt: ...ndment to the settlement agreement rather than any amended settlement agreement. 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 correctons to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues...
2024.01.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 687
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2024.01.05
Excerpt: ... Counsel also 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 that simply asserts the issues have been resolved. The allocation of only 20% of the settlement payments for...
2023.12.22 Motion to Compel Arbitration and Dismiss or Stay Litigation 295
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.22
Excerpt: ...d #2, and sustained as to #3 (2nd and 3rd sentences only), #4, #5, and the second #1. Plaintiff's request to contnue the hearing to take discovery is denied. The Status Conference set for today is ordered off calendar. A Post-Arbitraton Review Hearing is set for June 28, 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 contnuance if arbitration is not yet complete. The court concl...
2023.12.22 Motion for Approval of PAGA Settlement 924
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.22
Excerpt: ...rney fee, the most common award in federal cases, still results in a generous multiplier of 2.47. The average recovery per aggrieved employee does not merit a higher award. Moreover, enhancement awards of $3,000 each, and a total of $33,000 in enhancements, are sufficient for a class and settlement of this size, and considering the average recovery per aggrieved employee, and that there was nothing extraordinary about plaintiffs' contributions to...
2023.12.22 Motion for Approval of PAGA Settlement 017
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.22
Excerpt: ...t provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. The Covered period/PAGA Period defined in 51.4 of the PAGA Settlement and Release Agreement should not be based on the date of the signing of the proposed Order Granting Approval of PAGA Settlement and Entering Judgment, but rather on the date the court grants approval of the PAGA settlement. The Covered Claims defined in 51.3 of the Set...
2023.12.22 Demurrer 680
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.22
Excerpt: ...njured in responding to the fire. The California Supreme Court explained, "Where the defendant's negligence, whether active or passive, creates an apparent risk, which is of the type usually dealt with by firemen, and which is the cause of the fireman's presence, and which is the direct cause of the fireman's injury, the defendant is not liable to the fireman." Lipson v. Superior Court (1982) 31 Cal. 3d 362, 367. Plaintiffs contend that the firef...
2023.12.15 Demurrer to TAC 140
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.15
Excerpt: ...job responsibilities, without reimbursement. This allegation satisfies the commonality requirement for class actions at the pleading stage. The court in Prince v. CLS Transportation, Inc. (2004) 118 Cal. App. 4th 1320, 1329, held that a demurrer to a class action complaint is improper where the plaintiff alleges institutional practices that affected all of the members of the potential class in the same manner, and it appears from the complaint th...
2023.12.15 Demurrer to FAC 160
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.15
Excerpt: ...het v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff alleges he was falsely accused of violating masking policies at work when someone reported to plaintiff's employer that he refused to wear a mask. Plaintiff tried to correct that accusation, and later his employer put him under performance review. Plaintiff again tried to refute the false masking accusation, and then was fired. Plaintiff's 1st cause of action is for Wrongful Termin...
2023.12.08 Motion for Protective Order 695
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.08
Excerpt: ...for anonymity should be granted only if the court finds that an overriding interest will likely be prejudiced without use of a pseudonym, and that it is not feasible to protect the interest with less impact on the constitutional right of access. In deciding the issue the court must bear in mind the critical importance of the public's right to access judicial proceedings. Outside of cases where anonymity is expressly permitted by statute, litigati...
2023.12.01 Motion for Final Approval of Class Action Settlement 173
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.12.01
Excerpt: ... their recovery under the proposed settlement. In the motion for preliminary approval, plaintiff represented that there were 1270 employees, 1189 of whom were class members, 1029 of whom signed Pick-Up Stx agreements, leaving 160 class members to participate in the settlement. But in the motion for final approval, plaintiff represents that there are 1445 class members, 1130 of whom signed Pick-up Stx agreements, leaving 315 class members to parti...
2023.11.17 Motion to Compel Arbitration 183
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.17
Excerpt: ...er employees will be stayed pending completion of the arbitration in this case and/or in the related case of Bustos vs. Stations Service, Inc., Case No. 2022-01297805. Defendants' Request for Judicial Notice is granted as to #1 and 2, and is denied as irrelevant as to #3. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for Ma...
2023.11.17 Demurrer to FAC 998
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.11.17
Excerpt: ...ies 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, 254- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Plaintiff presented a Government Claims Act claim to the State Bar on October 18, 2021, which was denied on November 12, 2021. (Dfs' RJN, Exs. '-J.) However, the Doe Amendments adding the Stat...

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