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2023.02.10 Motion for Class Certification 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.02.10
Excerpt: ...epresentatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal. 4th 1004, 1021. These elements are typically referred to as (1) ascertainability; (2) numerosity; (3) commonality; (4) typicality; (5) adequacy; and (6) superiority. Capitol People First v. State Dept. of Developmental Services (2007) 155 Cal. App. 4th 676, 681...
2023.01.27 Motion to Compel Arbitration 248
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.01.27
Excerpt: ...nia Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Defendant's Request for Judicial Notice is granted. A Post-Arbitration Review Hearing is set for July 28, 2023 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 PAGA claim ...
2023.01.13 Motion to Compel Arbitration of Complaint and Dismiss or Stay Procedings 335
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2023.01.13
Excerpt: ...eable due to unconscionability. The defense of unconscionability requires that the arbitration agreement be both procedurally and substantively unconscionable. De La Torre v. CashCall, Inc. (2018) 5 Cal. 5th 966, 982; Baltazar v. Forever 21, Inc. (2016) 62 Cal. 4th 1237, 1243; Baxter v. Genworth North America Corp. (2017) 16 Cal. App. 5th 713, 723. Procedural unconscionability is present here because the court has weighed the evidence and conclud...
2022.12.30 Motion to Approve PAGA Settlement 507
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.30
Excerpt: ...e 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. There is an individual...
2022.12.30 Motion for Preliminary Approval of Class Action Settlement 609
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.30
Excerpt: ... 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. Although the motion provides the estimated average payment to cla...
2022.12.23 Motion for Summary Adjudication 951
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.23
Excerpt: ...l prejudice to Team Makena since it filed a reply that made substantive responses to the arguments raised in the opposition papers. The court overrules Team Makena's objection to, and denies its motion to strike, Lasso's opposition papers. Nonetheless, the court expects all future filings to be timely and compliant with all applicable procedural rules. Team Makena seeks summary adjudication of John Lasso's second cause of action for breach of con...
2022.12.16 Motion to be Admitted Pro Hac Vice 568
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.16
Excerpt: ...e, pursuant to Gov. Code §70617(e)(2). Defendant Fusion is ordered to give notice of the ruling unless notice is waived. Plaintiff Robert L. Crysel's (1) Motion to Compel Further Response to Special Interrogatories, Set 2, Propounded on Defendant Thomas W. Savino and Request for Sanctions, (2) Motion to Compel Further Response to Special Interrogatories, Set 1, Propounded on Defendant Tucker Advisory Group, Inc. and Request for Sanctions, and (3...
2022.12.02 Motion for Preliminary Approval of Class and Representative Action Settlement 360
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
Excerpt: ...ement. 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 motion fails to provide the court with the esti...
2022.12.02 Motion for Preliminary Approval of Class Action Settlement 488
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.12.02
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 that simply asserts the issues have been resolved. There is no definition in either the settlement agreement or the cl...
2022.11.18 Motion to Compel Arbitration and Dismiss Representative Claims, Stay All Civil Proceedings 364
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...nagement Conference set for January 13, 2023 is ordered off calendar. A Post- Arbitration Review Hearing is set for May 26, 2023 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 by Stipulation and Order before the hearing or in their Joint Status Report if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual cl...
2022.11.18 Motion to Compel Arbitration 030
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...tions #1 and 3 to the Declaration of Carenna Vargas are overruled, #2 is sustained as to the first sentence and overruled as to the second sentence, and #4 is overruled as to the first sentence and sustained as to the second sentence. Defendant's Specific Objections to the Declaration of Eric Yaeckel are sustained in full. The case of Gamboa v. Northeast Community Clinic (2021) 72 Cal. App. 5th 158, 165, compels the denial of this motion. There, ...
2022.11.18 Motion to Change Venue 856
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.18
Excerpt: ...ons why the attendance of each would be inconvenient. Peiser v. Mettler (1958) 50 Cal. 2d 594, 607. Defendant's moving declarations simply provide, in ¶4 of attorney Lee's Declaration, “I anticipate that Plaintiff will require depositions from witnesses and/or experts that Defendant intends to call to trial. The depositions will require several trips to Fresno County to complete the several depositions of the following witnesses and/or experts...
2022.11.04 Motion for Final Approval of Class Settlement, for Attorney Fees 682
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ... effective, and that the purported opt-out by Sarah A. Villar was untimely and thus not effective. The Settlement Agreement provided in Section III(E)(3)(c), “Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than forty-five (45) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement.” The ...
2022.11.04 Motion to Compel Arbitration and to Dismiss Claims 792
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ..., Inc., Case No. S274671. The Status Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for May 26, 2023 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 claims asserted by plaintiff and that no grounds exist to bar...
2022.11.04 Motion to Compel Arbitration and Stay Action 880
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.11.04
Excerpt: ...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 claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concepts Franchise Corp. (2011) 194 Cal. App. 4th 704, 708. Pl...
2022.10.07 Petition to Compel Individual Arbitration, Dismiss Class and PAGA Claims, Stay Action 308
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.10.07
Excerpt: ...tion and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. Plaintiff's Request for Judicial Notice is denied as moot. The Case Management Conference set for November 18, 2022 is ordered off calendar. A Post-Arbitration Review Hearing is set for April 6, 2023 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...
2022.09.30 Motion for Summary Adjudication 203
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: ...tters stated in those documents. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App. 4th 256, 264- 65; Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. The court declines to rule on plaintiffs' evidentiary objections because the court does not deem such evidence material to its disposition of the motion under CCP §437c(q). There are triable issues of fact as to whether plaintiffs agreed to the release, and as ...
2022.09.30 Motion for Attorney Fees 542
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: .... Aller's efforts resulted in the enforcement of an important right affecting the public interest, a significant benefit was conferred on a large class of persons, the necessity and financial burden of private enforcement were such as to make the award appropriate, and such fees and costs should not in the interest of justice be paid out of the recovery by the class. The gross settlement amount in this case increased from $1,750,000 to $2,254,280...
2022.09.30 Demurrer to TAC 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.30
Excerpt: ...nc.'s Demurrer to Third Amended Complaint is sustained without leave to amend. All four of the Requests for Judicial Notice are granted. However, while courts may take judicial notice of public records and their dates, parties 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, 264-65; Herrera v. Deutsche Bank National Trust Co. (2011) ...
2022.09.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 192
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.16
Excerpt: ...d 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 simply asserting that the issues have been resolved. The motion does not provide the court with the estimated high and low payments to be paid to class memb...
2022.09.16 Motion for Approval of Good Faith Determination of Class Action Settlement 507
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.16
Excerpt: ... 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 simply asserting that the issues have been resolved. Plaintiff did not provide the court with a copy of his separate individual settlement agreement, referenced in ¶28...
2022.09.02 Motion for Summary Judgment, Adjudication 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.09.02
Excerpt: ...that the court deems material to its disposition of the motion. CCP §437c(q). SSMF moved for summary judgment on the ground that plaintiff Richard Carlson lacked standing. Since the filing of this motion, the complaint has been amended to replace Carlson with another beneficiary of the Trust, Rohinton T. Aresh. Since Aresh and Carlson are similarly situated as beneficiaries of the Trust, the analysis is the same. The Maryland Code, which both si...
2022.08.26 Motion for Preliminary Approval of Class Action Settlement 139
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.08.26
Excerpt: ...t. 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 motion does not provide the court with the estimate...
2022.08.12 Motion for Preliminary Approval of Class Action Settlement 982
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.08.12
Excerpt: ...sed 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. Plaintiffs' 35 pages of moving points and authorities exceed not just the usual 15-page limit of CRC Rule 3.1113(d), ...
2022.07.22 Motion to Compel Arbitration, to Dismiss Claims and Stay Action 365
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...ployee Handbook” and agreed to “abide by these rules during my employment”. (However, defendant did not provide the court with the actual handbook that allegedly contains the arbitration agreement to show that plaintiff in fact received the arbitration agreement on June 26, 2017.) On July 3, 2017, after plaintiff's week of training, plaintiff signed the arbitration agreement in the employee handbook. Around July 26, 2017, plaintiff signed a...

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