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2019.11.22 Demurrer 843
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.22
Excerpt: ...aintiff's Request for Judicial Notice is granted. The Euland Parties' Request for Judicial Notice is granted as to #2-8 and 10-14, and is denied as to #1 and 9. However, when the court takes judicial notice of documents, it does not accept the truth of matters stated in those documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal. App. 4th 1366, 1375. Petitioner/Plaintiff's Second Cause of Action alleging CEQA violations is barred ...
2019.11.22 Application for Exclusion from Class Action Settlement 176
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.22
Excerpt: ...ere, Jose de Jesus Gutierrez Mercado (“Mercado”), was a class action plaintiff, not just an individual plaintiff. Yet Gutierrez has not filed any reply to the opposition, let alone anything at all addressing defendants' important factual assertion. The court concludes that when Gutierrez received the notice of class action settlement in Mercado's case, he should have sent it to his lawyer or discussed it with him. In fact, from the very outse...
2019.11.15 Motion to Require Compliance with Statutory Undertaking Requirement 756
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.15
Excerpt: ...l on this motion, that all three plaintiffs reside out of state or are foreign corporations, and that there is a reasonable possibility that defendant will obtain judgment in this action. However, defendant has failed to provide an affidavit that sets forth the nature and amount of the costs and attorneys' fees defendant has incurred and expects to incur by the conclusion of the action. Defendant's Memorandum of Points and Authorities cites Monks...
2019.11.15 Motion for Recusal or Disqualification 088
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.15
Excerpt: ...ication. In Flatt v. Superior Court (1994) 9 Cal. 4th 275, the California Supreme Court held, “Courts and ethical codes alike prohibit an attorney from simultaneously representing two client adversaries, even where the substance of the representations are unrelated.” Id. at 285. The court added, “Indeed, in all but a few instances, the rule of disqualification in simultaneous representation cases is a per se or automatic one.” Id. at 284....
2019.11.15 Motion for Partial Judgment on the Pleadings 187
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.15
Excerpt: ...uling denying defendants' prior Motion for Judgment on the Pleadings, within the meaning of CCP §1008. However, at the hearing the court modified its tentative ruling to note that defendants' original motion was for judgment on the pleadings as to the entire First Amended Complaint, not as to its separate causes of action. Since the 1st cause of action for the recovery of expense reimbursements was not subject to the outside salespersons exempti...
2019.11.15 Demurrer 842
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.15
Excerpt: ...entation or fraudulent omission in connection with the purchase or sale of a covered security. Nor does plaintiff allege that the fees defendants charged and/or caused plaintiff to incur drained plaintiff's investments. Plaintiff's First Cause of Action for Violation of the Consumer Legal Remedies Act alleges that defendants provided services within the meaning of the Act apart from providing software, including defendants providing spare change ...
2019.11.8 Motion for Approval of PAGA Settlement 706
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.8
Excerpt: ...papers, including the proposed letter to the aggrieved employees. The Status Conference set for January 10, 2020 is ordered off calendar. Since the amount of the proposed settlement is so small, as to both the total settlement and the average aggrieved employee's individual payment, the court requires more details as to the “data, information and documents produced by defendant” that led to the settlement. Plaintiff must inform this court as ...
2019.11.8 Demurrer 189
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.8
Excerpt: ...:00 a.m. Although plaintiffs' First Amended Complaint alleges compliance with the Government Claims Act, plaintiffs' compliance was untimely. Gov. Code §911.2 requires that a claim be presented not later than one year after the accrual of the cause of action. Plaintiffs allege that on May 23, 2016 they received notice from defendant M.A.S. that their tenancy would be terminated on October 31, 2016, and OCTA forced the car wash off the premises o...
2019.11.1 Motion for Judgment on the Pleadings 682
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.11.1
Excerpt: ... 1366, 1375. Defendant's Objections to the Declaration of Aparajit Bhowmik are sustained. A Motion for Judgment on the Pleadings must be based on matters that appear on the face of the challenged pleading or that the court must judicially notice. CCP §438(d). Here, however, the court cannot establish through plaintiff's First Amended Complaint and/or defendant's judicially-noticeable documents that plaintiff did not opt out of the settlement in ...
2019.10.18 Motion to Strike 388
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.18
Excerpt: ...Judicial Notice is granted. Defendant's Reply Request for Judicial Notice is denied. Plaintiff's employment with defendant terminated on April 10, 2012. The statute of limitations for a PAGA claim is one year. CCP §340(a). Before filing suit, a plaintiff must give notice to the LWDA. Labor Code §2699.3(a)(1)(A). Plaintiff did not provide the LWDA with notice of his claim for unpaid business expenses in violation of Labor Code §2802 until Novem...
2019.10.18 Motion for Preliminary Approval of Class Action Settlement 797
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.18
Excerpt: ... revised papers, including the notice to the class. The motion fails to provide the estimated high and low payments to be paid to members of both subclasses based on their workweeks and subclass. The settlement agreement and the notice to class require written objections and do not allow class members to speak at the Final Approval Hearing unless they file and serve a written objection, but that is overly restrictive. The settlement agreement and...
2019.10.18 Demurrer 922
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.18
Excerpt: ...allege any actual conduct by defendants that could constitute substantial assistance or encouragement. Plaintiff argues that her pleading alleges that the demurring defendants substantially assisted Probst's breaches of fiduciary duty by not insisting that CTI take control of the MFS trailers and grow containers. In fact, the First Amended Complaint does not allege such facts, either in paragraph 44(d) as claimed, or elsewhere. In any case, that ...
2019.10.11 Motion for Preliminary Approval of Class Action Settlement 279
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.11
Excerpt: ... Counsel also should provide a red-lined version of any revised papers, including the notice to the class. Plaintiff provides no information as to defendant's potential exposure for the violations alleged. Plaintiff must provide the court with information showing what potential outcome putative class members are giving up in exchange for this settlement. Plaintiff also fails to provide the class members' estimated individual recovery under the pr...
2019.10.11 Application for Preliminary Approval of Partial Class Action Settlement 848
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.11
Excerpt: ...lso should provide a red-lined version of any revised papers, including the notice to the class. • The size of the class is unclear. From the Employer Defendant's information, 107 notices were mailed. However, it is believed that not all of those persons are actually class members because Cashiers and Managers were included in the list but do not qualify as “Car Wash Workers” under the statute. Mandel Dec. ¶6. It is also proposed that the ...
2019.10.11 Demurrer 592
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.11
Excerpt: ...ser fails to allege that it complied with the notice requirement of 28 Cal. Code Regs. tit. 28, §1300.71(b)(5), which provides that a plan shall not request reimbursement for the overpayment of a claim unless the plan sends a written request for reimbursement to the provider within 365 days of the date of payment on the overpaid claim. If the provider contests the notice, the provisions of Cal. Code Regs. tit. 28 §1300.71(d)(3)-(4) apply. The p...
2019.10.4 Motion for Partial Judgment on the Pleadings 187
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.4
Excerpt: ... Motion for Judgment on the Pleadings within the meaning of CCP §1008. Defendants originally made a Motion for Judgment on the Pleadings, including on the second cause of action, the motion was denied, and defendants now bring a second motion seeking the same relief. However, defendants have failed to comply with CCP §1008. Defendants did not file this motion within ten days of service of notice of the July 5, 2019 order, and defendants have no...
2019.10.4 Motion for Final Approval of Class Action Settlement 834
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.4
Excerpt: ...t plaintiff worked for defendant for only about two months. In addition, the settlement calls for plaintiff to be fully paid out of the first installment. The court concludes that the $300,000 class action settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: ● $100,000.00 to plaintiff's counsel for plaintiff's attorneys' fees, as requested; ● $6,532.14 to plaintiff's counsel for plaintiff's at...
2019.10.4 Motion to Compel Arbitration 595
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2019.10.4
Excerpt: ...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 enforcement of the agreement. CCP §1281.2. However, based on Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 386-88, defendant may not compel plaintiff to arbitrate his PAGA ...
2018.7.25 Request for Judicial Notice 719
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.25
Excerpt: ...relieved from default, but ruled that “Defendant is to pay for the cost of the unsuccessful attempts (2) to serve him in Arizona before being allowed to file his answer. Defendant is to file with the court a clean copy of the answer once the costs noted have been paid.” This language rendered the order conditional, which was within the court's discretion under Code of Civil Procedure sections 473 and 473.5. Howard v. Thrifty Drug & Discount S...
2018.7.25 Motion to Appear Pro Hac Vice 943
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.25
Excerpt: ...ting compliance and copies of letters to the State Bar are insufficient. Unless defendants file the required proof of service before the hearing, the hearing will have to be continued. The Karolyi defendants are ordered to give notice of the ruling unless notice is waived. ...
2018.7.20 Motion to File Under Seal 206
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.20
Excerpt: ...ntiffs may file another motion to file under seal which complies with this directive. Plaintiff's Motion for Contempt and Request for Sanctions Against Hyder M. Mukadam and Mukadam Medical Center, Inc. is denied. This court did not order defendants to pay sanctions to plaintiff, but rather awarded plaintiff sanctions against defendants. The court phrased the ruling this way specifically to prevent a failure to pay sanctions from being used as a b...
2018.7.13 Motion for Terminating Sanctions 004
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.13
Excerpt: ...ery Referee in this case, Michael Garey Balmages. Both of these motions seek relief found in the discovery statutes, and they are based on plaintiffs' alleged discovery violations. In addition, defendants' arguments hinge on the long discovery history of this case before the Discovery Referee. His input and recommendation on this motion would be exceedingly helpful, since he is in the best position to weigh the parties' discovery abuse arguments ...
2018.7.13 Motion to Compel Further Responses, Production of Docs 618
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.13
Excerpt: ...e response does not comply with CCP §2031.220 since it does not state that all documents or things in the demanded category that are in defendant's possession, custody or control already have been produced. Plaintiff's justification for #82 is that he wants to discover who defendant's owners are, but that request is overbroad as phrased. Such information is specifically and narrowly requested in #103, which is not overbroad, because it seeks onl...
2018.7.13 Discovery Motions 206
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.13
Excerpt: ...y 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: There have a...
2018.7.6 Motion for Conditional Certification of Class, Preliminary Approval of Class Action Settlement 841
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.6
Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...
2018.7.6 Motion for Contest Judgment 676
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.6
Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...
2018.7.6 Motion for Preliminary Approval of Class Action Settlement 323
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.6
Excerpt: ...the notice to the class. In their future pleadings counsel also must avoid points and authorities that exceed the legal page limits, as well as redundant, lengthy declarations that repeat the same material. The pages of the Notice of Settlement of Class Action and Settlement Hearing (notice to class) must be numbered. The moving papers assert that a copy of the settlement agreement was sent to the LWDA with the filing of this motion, but no proof...
2018.7.6 Motion to Contest the Judgment 676
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.6
Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...
2018.7.6 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 841
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.7.6
Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...
2018.6.29 Motion to Quash Subpoena 903
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.29
Excerpt: ...missible evidence. In addition, the discovery sought would unnecessarily invade plaintiff's privacy rights, which outweigh defendant's claimed interest in the requested information. At the hearing the parties should address whether the court should appoint a discovery referee for the Sadeghi portion of this case. Moving party is ordered to give notice of the ruling. ...
2018.6.29 Motion for Final Approval of Class Action Settlement 775
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.29
Excerpt: ...arch 20, 2018, but plaintiff served her moving papers on defendant's prior counsel, Morgan Lewis & Bockius, on June 1, 2018. Plaintiff must either give counsel of record statutory notice of the next hearing date or file a waiver of notice from them. Plaintiff must submit an invoice from Administrator ILYM Group, Inc. to support the requested Administrator fee. Plaintiff now seeks an Administrator fee of $11,750 even though the original papers, in...
2018.6.29 Motion for Final Approval of Class Action Settlement 932
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.29
Excerpt: ...d and the Administrator provides an updated report. E-service of the moving papers on June 7, 2018 provided defense counsel with insufficient notice of this hearing. Plaintiffs must either give counsel statutory notice of the next hearing date or file a waiver of notice from them. The moving papers report that five of six workweek disputes have been resolved. Plaintiffs must explain what happened to the sixth workweek dispute, and if there is any...
2018.6.29 Motion for Final Approval of Joint Stipulation 430
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.29
Excerpt: ...ite no authority supporting the proposition that vouchers should be considered part of a common fund. The court in Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1809-10, questioned the common fund theory in a coupon settlement. In this court's view, a reasonable fee would be 1/3 of the cash settlement, which is $312,500, but in this case the $50,000 being used to pay the employer's share of payroll taxes (which seems high for this settleme...
2018.6.29 Motion to Compel Arbitration 315
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.29
Excerpt: ...ludes 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. Plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and th...
2018.6.28 Motion for Final Approval of Joint Stipulation of Class Settlement 430
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.28
Excerpt: ...ite no authority supporting the proposition that vouchers should be considered part of a common fund. The court in Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1809-10, questioned the common fund theory in a coupon settlement. In this court's view, a reasonable fee would be 1/3 of the cash settlement, which is $312,500, but in this case the $50,000 being used to pay the employer's share of payroll taxes (which seems high for this settleme...
2018.6.28 Motion to Quash Subpoena 903
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.28
Excerpt: ...missible evidence. In addition, the discovery sought would unnecessarily invade plaintiff's privacy rights, which outweigh defendant's claimed interest in the requested information. At the hearing the parties should address whether the court should appoint a discovery referee for the Sadeghi portion of this case. Moving party is ordered to give notice of the ruling. ...
2018.6.28 Motion for Final Approval of Class Action Settlement 932
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.28
Excerpt: ...d and the Administrator provides an updated report. E-service of the moving papers on June 7, 2018 provided defense counsel with insufficient notice of this hearing. Plaintiffs must either give counsel statutory notice of the next hearing date or file a waiver of notice from them. The moving papers report that five of six workweek disputes have been resolved. Plaintiffs must explain what happened to the sixth workweek dispute, and if there is any...
2018.6.28 Motion for Final Approval of Class Action Settlement 775
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.28
Excerpt: ...arch 20, 2018, but plaintiff served her moving papers on defendant's prior counsel, Morgan Lewis & Bockius, on June 1, 2018. Plaintiff must either give counsel of record statutory notice of the next hearing date or file a waiver of notice from them. Plaintiff must submit an invoice from Administrator ILYM Group, Inc. to support the requested Administrator fee. Plaintiff now seeks an Administrator fee of $11,750 even though the original papers, in...
2018.6.27 Motion for Final Approval of Joint Stipulation of Class Settlement, for Attorneys' Fees 430
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.27
Excerpt: ...ite no authority supporting the proposition that vouchers should be considered part of a common fund. The court in Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1809-10, questioned the common fund theory in a coupon settlement. In this court's view, a reasonable fee would be 1/3 of the cash settlement, which is $312,500, but in this case the $50,000 being used to pay the employer's share of payroll taxes (which seems high for this settleme...
2018.6.27 Motion for Final Approval of Class Action Settlement, for Attorneys' Fees 775
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.27
Excerpt: ...arch 20, 2018, but plaintiff served her moving papers on defendant's prior counsel, Morgan Lewis & Bockius, on June 1, 2018. Plaintiff must either give counsel of record statutory notice of the next hearing date or file a waiver of notice from them. Plaintiff must submit an invoice from Administrator ILYM Group, Inc. to support the requested Administrator fee. Plaintiff now seeks an Administrator fee of $11,750 even though the original papers, in...
2018.6.27 Application to Appear Pro Hac Vice 692
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.27
Excerpt: ... plaintiffs and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. This action is ordered stayed pending completion of the arbitration. The Status Conference set for today is ordered off calendar. A Post-Arbitration Review Hearing is set for January 11, 2019 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing. The unopposed motion of K&L Gates LLP to be relieved as counsel of record fo...
2018.6.8 Demurrer 168
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.8
Excerpt: ... she is in default. In amending, the court specifically grants Wardak leave to derivatively assert, on behalf of CSS, Inc., claims for breach of fiduciary duty in both the 082 case and the 168 case. In the amended pleadings Wardak must include captions showing all the parties to his new pleadings, and specifically assert whether his claims are derivative. Both sides' Requests for Judicial Notice are granted as to documents in the court's file, an...
2018.6.8 Motion for Conditional Certification of Class and Preliminary Approval of Class Action 841
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.8
Excerpt: ...ement. Counsel also should provide a red-lined version of any revised papers, including the notice to the class. Service by mail of the moving papers on May 15, 2018 provided defense counsel with insufficient notice of the hearing. Plaintiff must give adequate notice of the continued hearing date, and also must provide the LWDA with courtesy notice of the new hearing date. The operative pleading is plaintiff Savannah Epps' original Complaint, whi...
2018.6.8 Motion for Summary Judgment, Adjudication 112
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.8
Excerpt: ...14, 519. A triable issue of material fact exists as to whether the Motor Carrier Act exemption applies in this case. No class has yet been certified, and so putative class members are not parties to this action. Thus, any substantive ruling on this motion presumably would not bind them or fully resolve this matter. While the court in Fireside Bank v. Superior Court (2007) 40 Cal. 4th 1069, 1082-83, recognized that a defendant may assume the risk ...
2018.6.8 Motion to Compel Arbitration 065
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.8
Excerpt: ...at 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's claims of unconscionability are unsupported by the language of the arbitration agreement and the law, and defendants did not waive their right to arbitrate. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concep...
2018.6.8 Motion to Quash Service of Summons 195
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.8
Excerpt: ...s supplemental reply papers must be filed no later than two weeks before the hearing. In discussing the law that applies to the specific facts that plaintiff can establish, plaintiff must directly address recent U.S. Supreme Court case law, which is stricter against the exercise of personal jurisdiction than the old California cases on which plaintiff relies. Moving party is ordered to give notice of the continuance. ...
2018.6.1 Motion for Monetary Sanctions 168
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.1
Excerpt: ...es have undertaken sufficient discovery. It is too early for the court to make any such conclusions. The court notes that it would have heard the Corp. Code §709 trial by now, and potentially had a better sense of the merits of the new pleading, if the parties hadn't stipulated to continue the trial multiple times. Intervenor Bastel Wardak's request for attorneys' fees is denied. The court does not yet know if the First Amended Complaint in Inte...
2018.6.1 Motion for Leave to File Complaint 903
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.1
Excerpt: ...o be only for plaintiff Sadeghi while the Kibriya plaintiffs still intend to use the original Complaint. The motion is therefore denied without prejudice, but defendant's Motion for Judgment on the Pleadings will create the window for plaintiff Sadeghi to file a proper pleading. Defendant Shapell Industries, Inc.'s Motion for Judgment on the Pleadings, as joined in by defendant Richfield Tile & Construction Company, Inc., is granted with 15 days ...
2018.6.1 Motion for Leave to File Complaint 412
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.1
Excerpt: ...er 2, 2014, almost four years ago, noted that construction of the underground parking structure, a planned mitigation measure, was no longer an available or realistic option. The court therefore ruled that plaintiff's construction of the surface parking lot would not be admissible at trial as a mitigation measure. Defendants thus will be entitled to recover their eminent domain damages based on no mitigation having taken place. The court even obs...
2018.6.1 Motion for Final Approval of Class Action Settlement 001
Location: Orange County
Judge: Sherman, Randall J
Hearing Date: 2018.6.1
Excerpt: ...claimants. The court also will need the Administrator's final estimated invoice for its services. Detailed hourly billing breakdowns are required from all of plaintiffs' law firms or attorneys who intend their hours to be considered in the lodestar base to be used to cross-check the attorneys' fees requested, and who want to be awarded part of the $3.39 million in attorneys' fees requested here. Charts summarizing those hours are not adequate (wi...

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