Excerpt: ...ollowing findings: (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 restrictive means exist to achieve the overriding interest. Inter-Con's primary arguments in support...

Excerpt: ... Custom Woodworking, Inc. Navigators' Motion for Summary Judgment The Court GRANTS Defendant and Cross-Complainant Navigators Insurance Company's (“Navigators”) motion for summary judgment as to its Cross-Complaint for Rescission, etc. against Plaintiffs and Cross-Defendants Michael Favreau (“Favreau”) and Favreau Custom Woodworking, Inc. (“FCW”), and also GRANTS Navigators' summary judgment motion on Plaintiffs' Complaint based on it...

Excerpt: ....” Specifically, he seeks relief pursuant to CCP § 2023.010(d)-(g) which allows sanctions for “misuses of the discovery process,” including “(f) making an evasive response to discovery” and “(g) disobeying a court order to provide discovery.” While Plaintiff argues that Defendant has engaged in a pattern of discovery abuses, for the purposes of this motion the Court focuses on Plaintiff's ongoing efforts to obtain class contact inf...

Excerpt: ...ing all changes, deletions and additions shall be submitted as well. The motion for preliminary approval and the settlement agreement refer to the filing of a motion for leave to file a second amended complaint. No such motion currently is on file. If the parties wish to file a stipulation regarding the filing of a second amended complaint in the form which is attached as Exhibit B to the Declaration of Eric Yaeckel, the Court will approve it. As...

Excerpt: ...approval of class action settlement is GRANTED, as modified below. The Court finds the settlement fair, adequate and reasonable. Administrative costs are approved in the amount of $9,500. The Notice provided that Administrator fees would not exceed $9,500, so any excess fees must come from sources other than the $175,000 maximum settlement amount. The Court finds $49,000 (28% of the maximum settlement amount) to be a reasonable amount for attorne...

Excerpt: ...d C, judicial notice is granted only as to their existence and will not extend to the truth of any statements therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1566; Bach v. NcNelis (1989) 207 Cal.App.3d 852, 865.) Plaintiffs Rimrock High Income PLUS (Master) Fund Ltd. and Rimrock Low Volatility (Master) Fund Ltd. (“Rimrock”) allege the following two causes of action against Defendants Jefferies, LLC and Jefferies International Limi...

Excerpt: ...w evidence), finding that Plaintiff failed to establish the elements of commonality, superiority and ascertainability. Specifically, the Minute Order states: “Whether a putative class member may allege a violation of CC § 1940.1 or CC § 52.1 against Defendant is a threshold question that will require individualized scrutiny – i.e., on the day a putative class member was forced to check out, was the facility the primary residence for at leas...

Excerpt: ... 38, 46-49, 57 and 61, and Request for Production of Documents nos. 5-79) and requested sanctions of $4,785 against Defendant and its counsel in connection with each of the two motions. The hearing has been continued twice as the parties have been meeting and conferring and providing further responses. As a result, as far as the Court can determine, the issues are narrowed to the following requests for production of documents (Nos. 1-3) and speci...

Excerpt: ...serve a proposed order pursuant to Cal. Rules of Court, Rule 3.1362(e). On or before April 30, 2018, counsel is ordered to file an amended notice of motion and motion, a proposed order, and proof of service showing that all of the documents were served on the client and other parties in this matter. ...

Excerpt: ...ons to the Navarro Declaration (ROA 152) are all OVERRULED. In the First Amended Complaint, Plaintiff alleges, among other things, various Labor Code violations, including that Defendant R.J. Noble Company failed to pay Plaintiff for all hours worked, including time spent loading materials, fueling the trucks, preparing tools and equipment, traveling to and from the job sites, waiting time, and driving for over 8 hours straight if such time was s...

Excerpt: ...w evidence), finding that Plaintiff failed to establish the elements of commonality, superiority and ascertainability. Specifically, the Minute Order states: “Whether a putative class member may allege a violation of CC § 1940.1 or CC § 52.1 against Defendant is a threshold question that will require individualized scrutiny – i.e., on the day a putative class member was forced to check out, was the facility the primary residence for at leas...

Excerpt: ...17; as of August 2, 2017, 4 putative Class Members had opted out. (The current total number of opt- outs is 5, per Ex. A to the Martinez Decl.) Thereafter, Defendant turned over a class list with names and addresses only, refusing to provide phone numbers. At the 1/10/18 Status Conference, the Court ordered Defendant “to provide the putative class member phone numbers to plaintiff no later than 1/31/18.” (ROA 86) Alternatively, Defendant was ...

Excerpt: ... Unpaid Overtime; (2) Unpaid Minimum Wages; (3) Non-Complaint Wage Statements; (4) Unpaid Business Expenses; (5) Wages not timely paid on termination; (6) Unlawful Wage Deductions; (7) Failure to Provide Seating; (8) PAGA claims; and (9) Violation of B&P Code § 17200. All of these claims stem from Plaintiff's allegations that she was not compensated for off-the-clock (“OTC”) time that she spent working at home and going through the bag-check...

Excerpt: ...rbitration. The Court GRANTS Defendants' motion, noting that Defendants have agreed to waive the Limitations Period in Section 2 of Article VII of the Collective Bargaining Agreement. Defendant's request (ROA 117) for judicial notice is GRANTED. Plaintiff's request (ROA 129) for judicial notice is GRANTED. Plaintiff's objection (ROA 143) to the evidence Defendants submitted on reply, consisting of the prior February 1, 2012 to January 31, 2015 CB...

Excerpt: ...800 Battery (“1-800”), Richard Keller et al seeking, among other things, quiet title to the property. In this lawsuit, Plaintiffs contend that Defendant Lazo was authorized on behalf of 1-800 to sell the property to Plaintiffs, and that “Plaintiffs purchased the Property in good faith and for value, without actual or constructive notice of any adverse claim to the Property.”(FAC ¶¶ 17, 20) A subsequent action, 16-879920 (the “2016 Act...

Excerpt: ...l not extend to any hearsay statements contained therein. The Court DECLINES to rule on any objections (ROA 1968) because “the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (CCP § 437c(q).) Insurance Defendants previously filed two motions for summary judgment/summary adjudication against Plaintiffs based on the Fourth Amended Complaint, which had remaining a single cause of ac...

Excerpt: ...ss- Complaint is DENIED in its entirety. With respect to the request of Plaintiffs/Cross- Defendants Linda M. Rodger and Nancy Ann Maggio as Co-Trustees of The Virginia Richards Revocable Intervivos Trust Dated May 1, 1986 and North County BRS Project, LLC (collectively, “BRS”) for judicial notice (ROA 123), the Court GRANTS judicial notice of Exhs. B-C and J, except that judicial notice will not extend to any hearsay statements contained the...

Excerpt: ...amages is vested in the plaintiff on a particular day. (Civil Code § 3287(a).) The test for determining “certainty” is whether Defendants actually know the amount owed or could have computed the amount from reasonably available information. (Wisper Corp. v. California Commerce Bank (1996) 49 Cal.App.4th 948, 960.) The “certainty” requirement concerns whether there is a factual dispute about the amount of damages, regardless of whether th...

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: ...intiff and his counsel, jointly and severally. The requests in dispute essentially ask Plaintiff to produce all documents in support of the allegations in the operative complaint. There is good cause to seek documents related to Plaintiff's contentions. Once the moving party shows good cause to justify discovery of the requested materials, the burden shifts to the responding party to justify the objection. (Kirkland v. Superior Court (2002) 95 Ca...

Excerpt: ...ANTED as to Exh. 1 and DENIED as to Exhs. 2-3. (ROA 32.) Defendant's request for judicial notice is DENIED (ROA 36), and Plaintiff's objection is SUSTAINED (ROA 40). Furthermore, as to the exhibits denied, “[o]nly relevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) As an initial matter, Defendant correctly contends that the FAA applies to the ...

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: ...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 ...