Excerpt: ...bers” 3. Para. 18, p. 4, l. 26: “and the Class Members” 4. Para. 18, p. 4, l. 27: “and the Class Members” 5. Para. 18, p. 5, l. 2: “and the Class Members” 6. Para. 19, p. 5, l. 5: “and the Class Members” 7. Para. 20, p. 5, l. 9: “and the Class Members” 8. Para. 21, p. 5, l. 11: “and the Class Members” [nos. 1-8 have already been deleted and are not found in the Corrected 6AC] 9. Para. 25, p. 5, ll. 25-26: “and is in a ...

Excerpt: ... class claims set forth in first through seventh causes of action, to allow him to proceed in court with his eighth cause of action for PAGA violations, and to deny the motion to arbitrate as moot. (ROA 271.) Although it is not expressly stated, the Court construes Petersson's request to dismiss the first through seventh causes of action as a request to dismiss the claims in their entirety—both class and individual claims. Petersson is to confi...

Excerpt: ...ill be effective on the filing of the proof of service of the Order upon the client. Motion for Entry of Judgment The Court's current thinking is to GRANT the motion for entry of judgment and ACCEPT Gray1's proposed judgment because it better protects Gray1's right to be paid on its judgment lien before Gulfstream can obtain title and possession to the foreclosed properties. That being said, the Court is considering delaying entry of judgment in ...

Excerpt: ...elevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) The Court did not consider the federal district court cases against Holding Corp. in ruling on this motion, so specific orders and documents in those cases are not relevant. The threshold issue of whether Plaintiffs are employees of Imperial Girls and/or IEC is not at issue here. (ROA 122, Motio...

Excerpt: ...all be submitted as well. As to the Settlement: 1. Please provide estimates and calculations for the total potential value of all claims. Also, the class size of 1,983 was as of 07/31/17. (Settlement ¶¶ 1.39, 3.1.) Please provide an update on the class size and provide calculations based on the revised class size. 2. As to the requested enhancement payment, at final approval Plaintiff is to submit a declaration that addresses the factors set fo...

Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...

Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...

Excerpt: ... Defendant's objections (ROA 596) are SUSTAINED. Defendant argues that Plaintiffs' claims are barred by the doctrine of res judicata. It argues that there was a court-approved settlement in a separate PAGA action - Thanh Le v. CashCall, Inc., Case No. 2014-00724582 (the “Le Action”), the Le Action was dismissed with prejudice, and both the settlement and dismissal covers the same PAGA penalties and same aggrieved employees over the same alleg...

Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...

Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...

Excerpt: ...n the related case, OCSC no. 2016-00880632, the Court GRANTS in part and DENIES in part, as more specifically set forth in the ruling in the related case. The Court notes that the portions of the documents sought to be sealed are virtually the same, except that the page numbers may be different. With respect to those portions of the record receiving approval for sealing, the Court finds: (1) There exists an overriding interest that overcomes the ...

Excerpt: ... trust petition hearing. Two motions (ROA 275 and 295) were filed by Petitioner Deutsche Bank National Trust Company, solely as Trustee for the Securitized Asset Backed Receivables LLC Trust 2007-BR2 (“Trustee”) and two other motions (ROA 302 and 311) were filed by Non-Party WMC Mortgage, LLC (“WMC”). It appears that both the Trustee and WMC are seeking to seal the same or similar records, so the Court will consider the motions together. ...

Excerpt: ...mount for attorney fees and awards this amount, split equally between the two firms. In making this award, the Court has considered all relevant factors. Costs are awarded in the amount of $10,049.78. Plaintiff is awarded an enhancement of $10,000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors. Pursuant to CCP ...

Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...

Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...

Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...

Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...

Excerpt: ...econd and third causes of action in the Complaint pursuant to CCP § 425.16. Preliminary Issues Defendants' request for judicial notice is GRANTED. (ROA 10.) Plaintiff WRW Properties, LLC's request for judicial notice (ROA 54-58) is DENIED as to Exhs. 2-4, 6, 16, and 33-36, and GRANTED as to Exhs. 1, 5, 7-15, and 17-32. Defendants' objections (ROA 68) were considered in ruling on Plaintiff's request for judicial notice. With respect to the Meyer ...

Excerpt: ...larity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. [¶¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. [¶] When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the co...

Excerpt: ...ine version showing all changes, deletions, and additions shall be submitted as well. Notwithstanding this continuance, the parties are required to appear on March 2 for the status conference in this case. As to the Settlement: 1. For those claims in the operative 4AC that are not part of this Settlement, Plaintiff intends to dismiss certain claims and pursue others. (Settlement ¶¶ 45, 78.) Moreover, on 02/27/18 Defendant filed a motion to cons...

Excerpt: ... to Strike 4)Plaintiffs Daisy Martinez and Douglas Lindgren's Joinder in Defendant's Motion to Strike Before the Court is Defendant Inter-Con Security Systems, Inc.'s (“Defendant”) motion for an order striking from the record (1) Plaintiff Daniel Piggue's (“Piggue”) Opposition to Motion for Preliminary Approval and all papers filed in support thereof, and (2) and his Reply in support of Motion for an Order to Deem Counsel Inadequate and/o...

Excerpt: ...rt OVERRULES objection to ¶ 30 and SUSTAINS all other objections. The Court OVERRULES objections to the Fichter Declaration (ROA 51) and the Newman Declaration (ROA 79). The Court GRANTS Edison's request for judicial notice. (ROA 46.) General Law Where, as here, a motion for prejudgment possession is opposed, the Court may grant the requested relief if it finds each of the following: (A) The plaintiff is entitled to take the property by eminent ...

Excerpt: .... The Court finds that there are common questions of fact or law. All actions assert causes of action based upon failure to pay all wages owed and failure to provide meal and rest periods, as well as derivative claims. The proposed class definitions in the Olvera and Perez actions overlap. The Olvera class is limited to cooks, and the Perez class of all nonexempt employees necessarily includes cooks. The class periods for the Olvera and Perez cla...

Excerpt: ... granted as to RFA nos. 13-14, but Bellavia's request for $50,000 in fees is denied. Instead, the Court awards $1,500 as reasonable expenses. If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under CCP § 2033.010, et seq., and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move ...

Excerpt: ...re: Matter of Sheehan v. Applied Medical Resources Corp, OCSC Case no. 2016- 00894581, should not be deemed related to these cases, transferred to this department and/or consolidated with these cases. 4)Plaintiff Da Loc Nguyen's Order to Show Cause as to Why Stay Claims Should not be Lifted OSC re: Why the matter of Sheehan v. Applied Medical Resources Corporation, OCSC case no. 2016-00894581, should not be deemed related to Nguyen v. Applied Med...

Excerpt: ... CCP 583.420 for Failure to Serve Cross-Complaint Within Two Years of It's Filing as to Carrier Johnson Motion of Graham Downes Architecture, Inc. (“GDA”) to Dismiss Turner Construction Company's (“Turner”) Cross-Complaint GDA's motion for an order dismissing Turner's Cross-Complaint against GDA for delay in prosecution on the ground that Turner failed to serve GDA within two years of the filing of the Cross- Complaint is DENIED. The Cour...

Excerpt: ...dent contractor” and readily assumes Defendant Star Pro treated or classified its employees as “independent contractors,” when the question of whether or not the employees were misclassified as independent contractors is essentially the subject of this litigation. They further contend that the “community of interest” element is absent; i.e. that there is no predominant question of law or fact because of the different categories of subcl...

Excerpt: ...ord owner' means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments.” (CCP § 1255.450 (a).) There is no proof showing service of the summons, complaint, and moving papers on Defendants First American Title Insurance Company and The Bank of Hemet. 2. To grant the motion, the Court must find that Plaintiff Southern California Edison (“Edison”) has d...

Excerpt: ...er Felix (collectively, “Plaintiffs”) for determination of prevailing party and for attorney fees (the “Fees Motion”) was continued from 12/15/17 to 02/02/18 to permit Plaintiffs to file supplemental papers in support of their companion motion to seal records. (ROA 2114.) Thereafter, Plaintiffs filed a notice of withdrawal of the motion to seal records. (ROA 2122.) Accordingly, the Court ORDERS the Clerk to place the Fees Motion (ROA 2061...

Excerpt: ...e request for attorney fees and costs, please submit billing records or other detailed evidence to show the reasonableness of work performed. Furthermore, provide an allocation of the fees between the two firms, particularly since there are no hours attributed to the Gareeb firm. 2. Administrator fees of $5,000 for a class of 20 appear to be high and potentially unreasonable. At preliminary approval, the cost was estimated at $3,500, even though ...

Excerpt: ...ication or motion underlying the Court's 12/18/17 order. Plaintiffs' action was dismissed because their counsel failed to appear for 3 consecutive hearings, resulting in the Court finding that Plaintiffs had failed to prosecute the lawsuit. Instead, and although not specifically raised by Plaintiffs, they appear to be seeking relief under CCP § 473, which permits a party or his or her counsel to seek relief from a judgment, dismissal or order ba...

Excerpt: ...tice is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. Plaintiff's valuations (ROA 135 ¶ 25) do not include any calculations for claims for violations of Lab. Code § 226/wage statement claim and Lab. Code § 2802/uniform claim, even though they are alleged in the operative complaint and included in the release. 2. The requested costs are estimated to be $13,000. The...

Excerpt: ... be barred in its entirety, or in the alternative that the Court limit the categories of examination and document requests to only those which the Court deems relevant to this action. The motion is DENIED in part and GRANTED in part. Preliminary Issues The Court OVERRULES Underwriters' Objections. (ROA 408.) As to D.R. Horton's Objections (ROA 415), the Court rules as follows: Parvin Declaration, Objection no. 1: SUSTAINED as to “because of the...

Excerpt: ...o the terms of their settlement agreement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Here, KB Home and Petersen-Dean, Inc. (“Petersen-Dean”) entered into a settlement agreement in which Petersen-D...

Excerpt: ... Court to award them $2,208,512.50 in attorney fees. The Court FINDS that, pursuant to CC § 1717, William Dohr (“Dohr”) is the prevailing party under the Stock Repurchase Agreement (“SRA”) only with respect to the derivative claims brought by Lintz on behalf of Sterling Homes Corporation (“Sterling”) that are based on the SRA. The Court, however, FINDS that the $2.2 million amount to be unreasonable and excessive. As set forth below,...

Excerpt: ...ction Company for Delay in Prosecution Pursuant to CCP 583.420 for Failure to Serve Cross-Complaint Within Two Years of It's Filing as to Carrier Johnson Motion 2 continued to 02/09/2018 at 9:00 a.m. 3) Cross-Defendant/Cross-Complainant Graham Downes Architecture to Dismiss Cross-Complaint of Turner Construction Company for Delay in Prosecution Pursuant to CCP 583.10 and 583.250 For Failure to Serve Cross- Complaint Within Three Years of Its Fili...

Excerpt: ...ough the motion is captioned as a “motion for order of limited waiver of attorney-client privilege,” the relief requested in the Notice of Motion is for “an order requiring further testimony by Plaintiff MIKE JOHAR at deposition” and is based on CCP §§ 2019.010, 2025.010 and 2023.030. A review of the Fischbach Firm's moving separate statement indicates that the Fischbach Firm is also seeking to compel further responses to Request for Ad...

Excerpt: ...A 748) and BNY (ROA 764), except that judicial notice will not extend to any hearsay allegations or the truth of matters asserted therein. General Law “Any person, firm ... or other entity against whom double or multiple claims are made, or may be made, by two or more persons, which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several ...

Excerpt: ... conference. One of Citi's arguments is that Plaintiffs cannot adequately represent any class because they are represented by the law firm in which Plaintiff Anthony Graham is a named partner, and that the representation presents an insurmountable conflict between the interests of the class representative and class counsel, on one hand, and the putative class, on the other. (Apple Computer, Inc. v. Superior Court (2005) 126 Cal.App.4th 1253, 1261...