Excerpt: ...ing alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). Plaintiff seeks to represent a class of persons nationwide who purchased merchandise with credit cards at Hibbett Retail's stores and received a receipt that contained the first six and last four digits of their credit card numbers, in violation of FACTA's requirement that only the last five digits be printed on a receipt. Hibbett Retail moves to strike the nationwid...

Excerpt: ... evidence immaterial to this ruling. GROUNDS FOR RULING This eminent domain case involves OC San's intent to take various property interests currently owned by Defendant Bayside Village Marina, LLC (“BVM”) in connection with a sewer replacement/refurbishment project. I. Procedural Prerequisites CCP § 1255.410(a)-(b) list a number of procedural prerequisites to bringing a motion for prejudgment possession. BVM does not challenge OC San's comp...

Excerpt: ...iefing on the issue of the alleged 2019 arbitration agreement between Zov's Bistro II and Plaintiff Natalio Cervantes. Upon review of the supplemental briefing, the Court orders as follows: 1. The motion is DENIED with respect to Cervantes. 2. As to Plaintiff Carlos Cruz, the Court adopts its earlier tentative ruling: the motion is GRANTED as to Cruz, but the arbitration of his wage-and-hour, UCL, and PAGA claims is STAYED pending resolution of C...

Excerpt: ...o arbitrate the individual portion of her PAGA claim. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. Defendants are free to renew this request upon completion of the arbitration. 3. The case is stayed pending completion of the arbitration. An arbitration review hearing will take place on July 26, 2023 at 8:30 a.m. in department CX-104. Defendants' unopposed request for ...

Excerpt: ...the second through fifth causes of action is appropriate because those claims are barred by the economic loss rule. For the reasons set forth below, OCTC's motion is DENIED. The parties' requests for judicial notice are GRANTED. I. Factual Background The Court assumes the parties' familiarity with the facts of this matter and the related cases involving a mortgage fraud scheme perpetrated by Vinh Phan and his associates. As relevant here, Phan's ...

Excerpt: ...each set of requests as set forth below. All further responses ordered by the Court are to be served by December 9, 2022. Cla-Val also seeks sanctions against Fawaz on all seven motions, for a total of $22,785. This request is granted in part. Fawaz is ordered to pay Cla-Val $500 in sanctions by December 9, 2022. I. Background This is a subsurface contamination case that was originally brought as a class action, with Fawaz, the putative class rep...

Excerpt: ... pertaining to ovarian cysts (pp. 2-3 of the notice of motion to strike) and GRANTED as to the allegations pertaining to endometrial changes requiring hysterectomy (pp. 3-5 of the notice of motion to strike). At the hearing, the parties should be prepared to discuss whether leave to amend would be proper. Corcept's two requests for judicial notice, which appear identical in all material respects, are GRANTED. I. Relevant History This is a pharmac...

Excerpt: ...unty, including Medi-Cal enrollees served by defendant CalOptima. These patients usually present to the Prime Hospitals as emergency patients, so federal law requires the Prime Hospitals to treat them. The Prime Hospitals then bill CalOptima for treatment. Varis is a billing auditor retained by CalOptima to help reduce its spending. Broadly speaking, the Prime Hospitals allege that after they submit bills to CalOptima for treatment of Medi-Cal pa...

Excerpt: ...D. Based on statements in Defendants' reply brief, the representative portion of Plaintiff's PAGA claim is STAYED pending the outcome of Adolph v. Uber Technologies, S274671. An arbitration review conference will be held in Department CX-104 on May 1, 2023 at 8:30 a.m. Defendants' unopposed request for judicial notice is GRANTED. The Court DECLINES TO RULE on the parties' evidentiary objections, which all go to matters previously decided by Judge...

Excerpt: ...scope, this motion has somehow generated 57 pages of evidentiary objections, 38 pages from Plaintiffs and 19 pages from the Association. Many, if not most, of these objections contain arguments that properly should be part of the parties' motion papers. In the future, please limit objections to true evidentiary issues. All objections are OVERRULED. The Court separately notes that the Association's objections repeatedly make the same comment about...

Excerpt: ...) staying proceedings pending completion of arbitration. For the reasons set forth below, the Court orders as follows: 1. The request to compel arbitration is GRANTED. All Plaintiffs are ordered to separately arbitrate the individual portion of their PAGA claims. 2. The request to dismiss the representative portion of Plaintiffs' PAGA claims is DENIED WITHOUT PREJUDICE to renewal upon completion of the arbitrations. 3. This case is STAYED pending...

Excerpt: ...vative claims) pending the outcome of arbitration. The Court has reviewed the parties' supplemental briefing. For the reasons set forth in the September 16, 2022 minute order (incorporated here by reference), and for the reasons set forth below: 1. Defendants' motion to compel arbitration is DENIED as to Gallegos' second cause of action for sexual harassment and otherwise GRANTED in its entirety. Plaintiffs are to arbitrate their PAGA claims on a...

Excerpt: ... will not affect the ability of other employees or the State of California to pursue claims for civil penalties based on the acts Plaintiff complains of. Defendant's request for judicial notice is GRANTED. I. Background A. Procedural History Plaintiff, represented by the Kingsley firm, filed this case in October 2021. (ROA 2.) It was originally a class action, with claims for meal breaks, rest breaks, reimbursement, wage statements, waiting time,...

Excerpt: ...pposed request for judicial notice is GRANTED. I. Relevant Background The Court assumes the parties' familiarity with the factual background and procedural history of this case. As relevant to this motion, on September 6, 2022, the Court entered judgment in favor of the City and against Defendants. Specifically, the judgment provided: 1. Judgment was entered in favor of the City on its complaint against BA Hotel, Mona10, and Patricia Pham (the �...

Excerpt: ...of Plaintiff's PAGA claim. For the reasons set forth below, the Court orders as follows: 1. The motion to compel individual arbitration is GRANTED. This case is STAYED pending completion of Plaintiff's already-pending arbitration. 2. The request to dismiss the representative portion of Plaintiff's PAGA claim is DENIED WITHOUT PREJUDICE to reconsideration after Plaintiff's arbitration is complete. An arbitration review conference will be held on J...

Excerpt: ...n of arbitration. The Court rules as follows: 1. The request to compel arbitration is GRANTED. Plaintiff is ordered to arbitrate the individual portion of her PAGA claim. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. An arbitration review conference will take place in Department CX-104 on...

Excerpt: ... Tina Jackson's Motion to Compel Further Responses to Plaintiffs' First Set of Requests for Admission to Defendant Todd Spitzer in his Official Capacity MOTIONS TO COMPEL Plaintiffs have filed two motions to compel further responses from Defendant Todd Spitzer, sued in his official capacity as the Orange County District Attorney. (The Court refers to “OCDA” unless Spitzer's personal identity is relevant.) Because the motions overlap, the Cour...

Excerpt: ... For the reasons set forth below, the motion to compel arbitration is GRANTED, and this case is STAYED pending the completion of arbitration. The request to dismiss the representative portion of Plaintiff's claim is DENIED WITHOUT PREJUDICE to reconsideration upon completion of arbitration. The Court has not considered the unpublished decisions of California Superior Courts cited by Plaintiff. “Even assuming for the sake of argument that [these...

Excerpt: ...5.) The Court has neither read nor considered the two decisions. As Plaintiffs point out in their objection to the RJN, the Court previously rejected a request from Defendant to take judicial notice of an unpublished Court of Appeal decision, so Defendant can hardly plead ignorance of the rule. (See ROA 1278.) Defendant didn't simply fail to heed that prior ruling: one of the decisions in its current RJN, Vazquez v. Warrant Distributing, Inc., is...

Excerpt: ...rth below, the Court orders as follows: 1. The motion is DENIED with respect to Cervantes. 2. The motion is GRANTED with respect to Cruz. However, pursuant to CCP § 1281.2(c), the Court STAYS enforcement of the arbitration agreement as to all claims except Cruz's FEHA claims. Defendants' request for judicial notice of the United States Supreme Court's opinion in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 is GRANTED. Plaintiffs' ...

Excerpt: ...Uber Technologies, Inc., No. S274671. For the reasons set forth below, Defendant's motion is GRANTED. Plaintiff is to arbitrate his claims on an individual basis, and the representative portion of his PAGA claim is stayed pending the decision in Adolph. The current case management conference of October 31, 2022 is vacated. An arbitration review conference will take place in Department CX-104 at 8:30 a.m. on June 1, 2023. EVIDENTIARY MATTERS Plain...

Excerpt: ...October 28, 2022. The supplemental briefs shall be no longer than seven pages and limited to the items of concern identified below. Any supplemental briefs in opposition to the motion shall be filed on or before November 4, 2022. The supplemental opposition briefs shall be no longer than seven pages and may only respond to points raised in the supplemental briefs in support; no additional argument in opposition will be permitted. No supplemental ...

Excerpt: ... should be filed on or before March 8, 2023. Defendants' request for judicial notice is GRANTED. The Court also proposes on its own motion to take judicial notice of the trial court file in Reeves I. I. Background This case, Reeves I, and Reeves v. Rezaei, No. 21-01186967 (Reeves II) all arise from the City's revocation of a certificate of occupancy for Reeves' home in Newport Beach. In Reeves I, Reeves seeks a writ of mandate directing the City'...

Excerpt: ...int (FAC), and (2) an order striking Plaintiffs' allegations and request for punitive damages, and their request for attorney's fees. For the reasons below, the Court makes the following rulings: 1. The Demurrer as to all causes of action is OVERRULED. 2. The Motion to Strike as to Punitive Damages (FAC ¶ 122, Prayer ¶ 2) is DENIED. 3. The Motion to Strike as to Attorney's Fees (Prayer ¶ 7) is DENIED. An answer must be filed on or before Octob...

Excerpt: ...ficient to constitute a cause of action. For the reasons set forth below, the motion to dismiss is DENIED, the previous dismissal of Jene Park is confirmed, and the demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds of uncertainty. Both sides' requests for judicial notice are GRANTED. I. Procedural Background The Court assumes the parties' familiarity with the general factual background of this motion, which has been discussed at length in ruli...