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2022.07.22 Motion for Approval of PAGA Settlement 613
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...t Agreement, all claims for civil penalties under PAGA that were asserted or could have been asserted based on the facts alleged in the Second Amended Complaint, including the specific claims set forth in subsections (a) through (h) of Section 2.2 of the Settlement Agreement. It is within the extent allowed by law to permit the release of the claims for (e) failure to reimburse necessary business- related expenses and (g) failure to pay all veste...
2022.07.22 Motion for Final Approval of Class Action Settlement, for Attorney Fees 842
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.22
Excerpt: ...age was 181,892 unique Acorn accounts. However, the list provided to the administrator included 232,199 accounts. Plaintiff must provide an explanation for the substantial increase in the number of accounts. The Administrator cleansed the list of accounts to remove duplicates and otherwise remove purportedly invalid e-mail addresses, and so notice was sent for only 218,684 of those accounts, and only 213,035 successfully received the notice, as t...
2022.07.15 Motion to Seal Portions of Oppositions to Motions in Limine 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.15
Excerpt: ...ng of a redacted version of the document, attached as Exhibit A to the Declaration of Tyler J. Scott in support of this motion. It is further ordered that ROA 1012 be sealed upon the filing of a redacted version of the document, attached as Exhibit B to the Scott Declaration. It is further ordered that ROA 950 be sealed upon the filing of a redacted version of the document, attached as Exhibit C to the Scott Declaration. Defendant must file the r...
2022.07.08 Motions for Summary Adjudication 623
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
Excerpt: ...ial Notice are denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. Plaintiff's evidentiary objections were neither numbered consecutively nor accompanied by a proposed order. As such, they did not comply with CRC Rule 3.1354(b) and (c) and the court declines to rule on them. Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal. App. 4th 1, 8. Under CCP §437c(f)(1), a party may bring a motion for summary ad...
2022.07.08 Motion to Compel Arbitration, to Dismiss Class Claims and Stay Action 365
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
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...
2022.07.08 Motion for Subsequent Deposition 613
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.08
Excerpt: ...records under Evidence Code §§452(d). However, while courts may take judicial notice of court 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) 196 Cal. App. 4th 1366, 1375. NMAC has shown good cause for a subsequent deposition of Michael Kah...
2022.07.01 Motion for Preliminary Approval of Class and Representative Action Settlement 686
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.07.01
Excerpt: ...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 moving points and authorities are 28 pages long, far exceeding the 15-page limit of CRC Rule 3...
2022.06.24 Motion for Summary Adjudication 114
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.24
Excerpt: ...t apply to any class member, and defendant has provided evidence raising triable issues of fact as to this affirmative defense. Under the Industrial Welfare Commission's orders concerning employees in the mercantile industry, “the overtime provisions do not apply when more than one half the employee's compensation represents commissions”. Keyes Motors, Inc. v. Division of Lab. Standards Enforcement (1987) 197 Cal. App. 3d 557, 561. Specifical...
2022.06.10 Motion to Compel Depositions of PMK, for Sanctions 623
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ... jointly and severally, in the amount of $1,720, payable within 30 days. Defendants' request for monetary sanctions against plaintiff is denied. Plaintiff first noticed PMK depositions for defendants on December 4, 2018, over 3 1/2 years ago. Plaintiff noticed the depositions for January 15-17, 2019. Defendants took issue with the dates, but after several attempts to meet and confer, none of the depositions went forward. On April 27, 2020, plaint...
2022.06.10 Motion for Summary Judgment 119
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...stitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. (2018) 29 Cal. App. 5th 230, 238-242.)” The Sources and Authority for the instruction quote the Professi...
2022.06.10 Motion to Compel Further Production of Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery matters and make recommendations to the court on them. Pursuant to CCP §639(a)(5), the court specifically finds that the following exceptional circumstances exist in this case:...
2022.06.10 Motion to Compel Further Production of Docs, for Monetary Sanctions 672
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...referee, who will be appointed to hear and determine any and all discovery motions and disputes relevant to discovery in this action. CCP §§639-645.1 and CRC Rules 3.920-3.932 will apply to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery mat...
2022.06.10 Motions for Summary Judgment 592
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.06.10
Excerpt: ...tract or Unjust Enrichment, was adopted recently, in November 2019. The instruction provides that a plaintiff “is entitled to restitution if it proves that defendant knew or had reason to know that [specify act constituting unjust enrichment]”. The Directions for Use state, “The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. (Professional Tax Appeal v. Kenned...
2022.05.27 Motion for Preliminary Approval of Class Action Settlement 893
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.27
Excerpt: ... 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. Paragraph 13 of the settlement agreement defines the Effective Date to require approval of the settlement by the Superio...
2022.05.27 Motion for Preliminary Approval of Class Action Settlement 162
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.27
Excerpt: ... 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. Counsel has identified the estimated average and high payments to class members under the proposed settle...
2022.05.20 Motion to Seal 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...dant's Motion to Seal Certain Portions of Plaintiff Heritage Fields El Toro, LLC's Oppositions to AIG Specialty's Motions in Limine is granted as to plaintiff's Opposition to Motion in Limine #5 and 6, but is denied as to plaintiff's Opposition to Motion in Limine #2. Contrary to the assertion in defendant's Notice of Motion, pages 17-19 of Exhibit 1 to the Declaration of Jeffery A. Kiburtz in Support of Heritage Fields' Opposition to AIG Special...
2022.05.20 Motion to Prohibit Discovery of Privileged Docs 722
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...hat all of the requested documents are privileged, or that she inspected all of the potentially responsive documents to establish they are all privileged, and thus Peck has not established good cause for the protective order she seeks. Snell and Grad's opposition request for sanctions is granted against Judith Peck in the amount of $6,750, payable within 30 days. Peck's motion lacks substantial justification, and no other circumstances make the i...
2022.05.20 Motion for Change of Venue 797
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.20
Excerpt: ...ontract at issue was entered into. In its opposition papers, plaintiff explains that it made this assertion because plaintiff was the last party to sign the release, and that it did so in Orange County. Plaintiff cites Braunstein v. Superior Court (1964) 225 Cal. App. 2d 691, 696, in which the court held that the place of making a contract is the place where the last act necessary for its validity was done. Defendant responds that venue is proper...
2022.05.13 Motion for Judgment on the Pleadings 255
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.13
Excerpt: ...ion is not supported by the findings, or the findings are not supported by the evidence. 11 Lagunita, LLC vs. California Coastal Commission (2020) 58 Cal. App. 5th 904, 918. The agency is the finder of fact, and the court must indulge all reasonable inferences from the evidence that would support the agency's determinations, resolve all conflicts in the evidence in favor of the agency's decision, and presume the correctness of the decision. Save ...
2022.05.13 Applications to Appear Pro Hac Vice 806
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.05.13
Excerpt: ...t a proof of service by mail of copies of the applications and the notice of hearing of the applications on the State Bar of California at its San Francisco office. The applicants also have not complied with CRC Rule 9.40(e) since they have not shown that they paid the $50 fee to the State Bar of California with the copy of the application and the notice of hearing that must be served on the State Bar. Defendant Kelcourt Plastics, Inc.'s Demurrer...
2022.04.21 Motion to Seal Motion in Limine to Exclude Evidence Related to Loss Reserves 608
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...as established the criteria set forth in CRC Rule 2.550(d). The court expressly finds that the facts establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restric...
2022.04.21 Motion to Compel Individual Arbitration, Dismiss Class Allegations, Stay Action 291
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...rties 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 claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff does not dispute that he signed the arbitration agreement, or that the agreement applies to all of his claims ...
2022.04.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 058
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...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 parties failed to file a Notice of Related Case, even though defense counsel here also represents the same de...
2022.04.21 Motion for Approval of PAGA Settlement 202
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...ttlement agreement. Counsel also must provide a red-lined version of any revised papers. Because a PAGA settlement binds the State and forecloses other employees' PAGA actions that are based on the claims being settled, counsel must disclose whether there are any other pending class action, individual, or PAGA lawsuits, whether filed with a court or in the pre-filing LWDA waiting period, that could be affected by this settlement. The motion fails...
2022.04.21 Demurrer to SAC 402
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2022.04.21
Excerpt: ...o Second Amended Complaint (ROA #253), and (3) Defendant Wolfgang F. Hahn's Demurrer to Plaintiff's Second Amended Complaint, are all sustained with leave to amend until 30 days after the court rules on plaintiff's Motion for Leave to Amend Plaintiffs' Complaint, set for hearing on May 27, 2022. All parties' Requests for Judicial Notice are granted. Plaintiff Richard Carlson has split his causes of action to the extent he asserts in both this cas...

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