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Location: Los Angeles x
Judge: Freeman, Kenneth R x
2023.03.23 Demurrer to SAC, Motion to Strike 295
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2023.03.23
Excerpt: ... the third cause of action for civil conspiracy as to Sabal Storage; the fourth cause of action for conspiracy to defraud as to Sabal Storage; and aiding and abetting conspiracy as to Sabal Storage B. Motion to strike: 1) Denied, to the extent the motion to strike seeks Plaintiffs right to seek the value of the Sabal Storage property stemming from the alleged actual fraudulent transfer; 2) Granted, without leave to amend as to the request for ren...
2023.02.03 Motion to Compel 470
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2023.02.03
Excerpt: ...endant is defending claims on behalf of 7-Eleven. Section 11.1(c)(ii) of the 1988 Purchase and Sale Agreement states that Southland Corporation is to indemnify Defendant for certain claims. Section 11.4(a) states the Indemnifying Party must defend any claim with respect to which it is obligated to indemnify the Indemnified Party, and that “Any such contest may be conducted in the name and on behalf of the Indemnifying Party or the Indemnified P...
2022.10.19 Motion for Corporate Dissolution 974
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2022.10.19
Excerpt: ...solvent Insurers”), pursuant to orders appointing the Insurance Commissioner as Liquidator and Restraining Orders. Prior to their insolvency, the Insolvent Insurers entered into a number of reinsurance agreements with various reinsurers to reinsure their workers' compensation obligations. In an effort to wind up the Insolvent Insurers' affairs, the Commissioner has negotiated with reinsurers to commute reinsurance agreements, and to fully and f...
2021.08.26 Motion to Compel Further Production of Docs 595
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2021.08.26
Excerpt: ...g withheld under a claim of privilege, or whether Defendant intends to produce, in redacted format, any responsive documents; if responsive documents do not exist, Defendant must provide an appropriate verification to that effect; following production of the privilege log, if the parties still have a dispute as to production of documents responsive to the Wallace subpoena, Court to conduct an in camera review, and require Defendant to lodge copie...
2021.07.01 Motion to Transfer Venue 865
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2021.07.01
Excerpt: ...al identifying information tracked, collected, and shared by MobilityWare and its partners for targeted advertising and other commercial exploitation. [Third Amended Complaint (“TAC”), ¶1.] This conduct allegedly violates California state laws (such as California's Constitutional Right to Privacy; Intrusion Upon Seclusion, the California Online Privacy Protect Act of 2003 (CalOPPA), Cal. Bus. & Prof. Code §22575; the California Consumer Pri...
2021.06.17 Motion to Quash Notice of Deposition, Request for Production of Docs or for Protective Order 651
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2021.06.17
Excerpt: ... employed by Defendants The Fairmont Miramar Hotel and Bungalows, Newport Beach Hotel Management Company, and Fairmont Hotels & Resorts, Inc. [Second Amended Complaint (“SAC”), ¶1.] Plaintiffs individually and on behalf of the class they seek to represent, seek relief against Defendants for the failure to pay all wages due in violation of California Labor Code sections 510 and 1194, including both regular and overtime wages, the failure to p...
2020.02.06 Petition to Confirm Arbitration Award 530
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2020.02.06
Excerpt: ...modal and warehousing services, and utilize drivers, which retrieve container freight from ports and rail yards, and then drive long distances to deliver the freight to Defendants' customers. [Complaint, ¶1.] Plaintiff alleges Defendants misclassified him and their other intermodal truck drivers (“Drivers”) as “independent contractors” instead of “employees.” [Complaint, ¶1.] Plaintiff alleges that Defendants' classification scheme ...
2019.10.22 Motion for Summary Judgment, Adjudication 912
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2019.10.22
Excerpt: ...irst Amended Class Action Complaint (“FAC”), ¶2.] USSI is a healthcare staffing company that employs hourly health care professionals for short-term travel assignments at health care providers throughout California and elsewhere. [FAC, ¶7.] Plaintiff alleges that in addition to an hourly wage rate, for each hour that Travelers work, Defendant pay Travelers an hourly rate for housing and meals and incidentals expenses for the duration of the...
2019.8.15 Motion for Class Certification 919
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2019.8.15
Excerpt: ...�), ¶19.] Plaintiff's duties allegedly consisted of excavating and installing pipelines for private landscaping projects throughout Southern California. [Id.] However, Defendants allegedly systematically failed to pay minimum and overtime wages to Plaintiff and other similarly situated non-exempt employees. [FAC, ¶20.] Further, Defendant allegedly failed to provide Plaintiff and the putative class compliant meal periods; second duty-free meal p...
2019.6.13 Motion to Compel Depositions, to Set Aside or for Relief 436
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2019.6.13
Excerpt: ...ositions: 1) the depositions shall be limited to one eight (8) hour session for each deponent; and 2) the parties are to equally divide the expenses in taking these depositions. DISCUSSION I. Background In the Health Net litigation, the Insurers informed Health Net on July 10, 2017 that they planned to depose Hilda Gonzalez and Eileen O'Donnell. Defendant AISLIC (which has since settled) had on January 18, 2018 served a deposition notice on Healt...
2019.5.28 Motion to Tax Costs 207
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2019.5.28
Excerpt: ...$2,200 Amount Taxed: $733.33 Amount Awarded: $1,466.67 Total amount to be taxed: $1,525.79 Total amount to be awarded: $3,051.61 DISCUSSION I. Background This is a putative class wage-and-hour case. Plaintiff alleges that he worked for Defendant as a non-exempt, hourly employee from April 2014 through July 2017, and that he regularly worked ten hour shifts from Monday through Friday. [Complaint, ¶18.] Plaintiff alleges that Defendants have faile...
2018.8.2 Motion for Class Certification 451
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.8.2
Excerpt: ...s discriminated against African-American and female employees by failing to pay and promote them. [Third Amended Consolidated Complaint (“TAC”), ¶12, 18- 20.] Plaintiffs allege that Defendants have engaged in endemic race-based and gender employment discrimination in pay, including: a) consistently paying their African-American employees at a wage rate less than that paid to their White employees for substantially similar work [TAC, ¶32(a)]...
2018.7.31 Motion for Summary Adjudication 219
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.7.31
Excerpt: ...tiff alleges that he and the other aggrieved employees were hired by Defendants (as commercial truck drivers), and were classified as hourly paid or nonexempt employees. [First Amended Complaint (“FAC”), ¶21.] Defendants allegedly classified Plaintiff and the other aggrieved employees as hourly-paid or non-exempt employees, and failed to compensate them for all hours worked, missed meal periods and/or rest breaks. [FAC, ¶21.] Plaintiff alle...
2018.7.10 Demurrer 326
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.7.10
Excerpt: ... residential properties of four or fewer units (“Residential Properties” or “Residential Customers”) for sewer use as a result of overstating the amount of sewage generated by those customers. [First Amended Complaint (“FAC”), ¶1.] Plaintiffs allege that residential properties have water meters to keep track of the actual volume of incoming waters, but do not have sewer meters for measuring the actual volume of outgoing sewage. Thus,...
2018.7.3 Motion to Compel Arbitration 207
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.7.3
Excerpt: ...loyee from April 2014 through July 2017, and that he regularly worked ten hour shifts from Monday through Friday. [Complaint, ¶18.] Plaintiff alleges that Defendants have failed to provide him and all other similarly situated individuals with meal periods; failed to provide them with rest periods; failed to pay them premium wages for missed meal and/or rest periods; failed to pay them premium wages for missed meal and/or rest periods at the regu...
2018.6.28 Motion to Compel Further Production 436
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.6.28
Excerpt: ...care company. Plaintiff alleges that it purchased professional liability policies from Defendants that promise to pay “all sums,” including defense costs that Health Net becomes legally obligated to pay as a result of covered claims. [Second Amended Complaint (“SAC”), ¶1.] Plaintiff alleges that its primary insurer, American International Specialty Lines Insurance Company nka AIG Specialty Insurance Company (“AISLIC”), has not honore...
2018.6.14 Motion to Quash Liens 696
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.6.14
Excerpt: ...r on the selection of a Special Master, but if Kaiser/Rawlings and Plaintiffs cannot agree on the selection of one of the Special Masters proposed by Plaintiffs, Kaiser/Rawlings must submit a list of three (3) suggested Special Masters, and the Court would subsequently make its selection DISCUSSION I. Background In this coordinated litigation, Plaintiffs have sued the Defendants, manufacturers of the prescription drug Actos (the trade name for pi...
2018.6.5 Motion to Compel Arbitration 806
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.6.5
Excerpt: ... arbitration proceedings DISCUSSION I. Background This is a putative wage-and-hour class action. Plaintiff Vincent Cotto is employed for Defendants Bridgestone Retail Operations, LLC (“BRSO”) as a Technician at its Walnut, California branch. [First Amended Complaint (“FAC”), ¶9.] Plaintiff alleges that with regard to Defendants' Technicians, Defendants have: a. Failed to pay premium wages at the legal pay rate; b. Derivatively failed to ...
2018.5.24 Motion for Summary Adjudication, Application to Seal Docs 570
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.5.24
Excerpt: ...NFORMATION IN SUPPORT OF TIG'S OPPOSITION TO MERITOR, INC.'S MOTION FOR SUMMARY ADJUDICATION ON TIG'S “EXPECTED OR INTENDED” AND “KNOWN LOSS” AFFIRMATIVE DEFENSES APPLICATION TO SEAL DOCUMENTS IN SUPPORT OF REPLY TO MOTION FOR SUMMARY ADJUDICATION ON TIG INSURANCE COMPANY'S “EXPECTED OR INTENDED” AND “KNOWN LOSS” AFFIRMATIVE DEFENSES TENTATIVE RULINGS 1. Deny motion for summary adjudication in full 2. Grant applications to seal DI...
2018.5.10 Motion for Summary Adjudication 158
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.5.10
Excerpt: ...nt baseball season. [Complaint, ¶8.] She alleges that Defendant has violated various provisions of the California Labor Code and Unfair Practices Act. In particular, Plaintiff alleges claims for violation of Labor Code §226 (not providing compliant wage statements); Labor Code §226.7 (failing to provide rest periods); Labor Code §§201‐203 (failing to timely pay all wages at the end of employment and waiting time penalties); Business & Prof...
2018.5.3 Demurrer 344
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.5.3
Excerpt: ...t to answer within thirty (30) days from the date of the Court's final ruling DISCUSSION I. Background Plaintiff Manuel I. Figueroa, M.D. has brought this putative class action complaint against Defendant Molina Healthcare of California, Inc. (“Molina”). Plaintiff alleges that Molina failed to comply with obligations imposed upon it by §1202 of the Patient Protection and Affordable Care Act (“ACA”) and its attendant federal statutory pro...
2018.5.1 Motion for Leave to Amend 436
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.5.1
Excerpt: ...e coverage action. Plaintiff Health Net is a Los Angeles‐based managed health care company. Plaintiff alleges that it purchased professional liability policies from Defendants that promise to pay “all sums,” including defense costs that Health Net becomes legally obligated to pay as a result of covered claims. [Second Amended Complaint (“SAC”), ¶1.] Plaintiff alleges that its primary insurer, American International Specialty Lines Insu...
2018.3.29 Motion to Compel Further Responses, Production of Docs 965
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.3.29
Excerpt: ...ON I. Background This is a putative wage and hour class action, seeking relief for Defendant Norm's Restaurants' alleged failure to provide meal periods, rest periods, overtime wages, minimum wage, and all wages due to discharged and quitting employees, and alleged failure to maintain required records, furnish accurate itemized statements, and to indemnify employees for necessary expenditures incurred in discharge of duties. Plaintiff propounded ...
2018.3.20 Motion for Summary Adjudication 570
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.3.20
Excerpt: ...IABILITIES TENTATIVE RULING 1. Deny motion for summary adjudication in full 2. Grant applications to seal DISCUSSION I. Background This insurance coverage action arises in connection with various claims that have been filed or may in the future be filed against Defendants Rockwell Automation, Inc., ArvinMeritor, Inc., and Invensys, Inc. (collectively, the “Rockwell Defendants” or the “Rockwell Parties”) for alleged bodily injuries purport...
2018.3.20 Motion for Corrective Action 624
Location: Los Angeles
Judge: Freeman, Kenneth R
Hearing Date: 2018.3.20
Excerpt: ...ere are objections to the curative notice, the Court will rule on those objections at the appropriate time; 3) Deny the request for expedited discovery regarding the solicitation campaign, and find that discovery should proceed in accordance with the Code of Civil Procedure and the Court's CMO DISCUSSION I. Background In these consolidated wage‐and‐hour putative class actions, Plaintiffs Richard Rocha, Brian Mikuta, and Vanessa Mazon allege t...

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