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Judge: Buckley, Daniel J x
2022.03.30 Interpretation of Regents Contractual Indemnity Claim 309
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2022.03.30
Excerpt: ...s Tr. Br. at 6:12-14. Regents contends it must show: 1. There is a claim (even if not proven, mere allegations are enough) that plaintiff's injuries were suffered due to a negligent act or omission of Contractor Icon West or its Subcontractor Kone arising out of the performance of the work called for in the modernization contract; 2. The Regents was not solely negligent with respect to plaintiff's injuries; and 3. The Regents has paid a settlemen...
2022.03.23 Motion for Nonsuit, for Good Faith Settlement, for Judgment on the Pleadings 309
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2022.03.23
Excerpt: ...filed its Cross-Complaint against Kone, Inc, among other cross- defendants for: 1) Total Implied Indemnity, 2) Equitable Comparative Indemnity, 3) Express Contribution, 4) Express Contractual Indemnity (against Kone), and 5) Declaratory Relief. On August 11, 2021, the Court granted Kone's Motion for Summary Adjudication, thereby ordering that the “First, Second, and Third Counts (and Causes of Action set forth therein) of the Cross-Complaint fi...
2020.12.22 Motion for Preliminary Approval of Class Action Settlement 046
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2020.12.22
Excerpt: ... Settlement Agreement and claims listed in the Notice to the causes of action actually asserted in the complaint on file. 2. Dunk/Kullar Analysis. a. Clarify: (1) the dates on which the two all-day mediations with mediator Michael Dickstein were held, and (2) whether the January 28, 2019 mediation that resulted in the settlement was conducted with a mediator present. (See Young Decl. ¶4.) b. Provide a summary of Class Counsels' experience and a ...
2020.06.29 Motion for Preliminary Approval of Class Action Settlement 959
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2020.06.29
Excerpt: ...A penalties. b. Please clarify why Class Counsel has determined that the wage statement violations did not occur within the statute of limitations. 2. Arm's Length Negotiations. Were the parties assisted by a neutral, third-party mediator during settlement negotiations? 3. Discovery and Investigation. a. It is unclear from Mr. Ackermann's declaration whether Class Counsel's calculations of claim values are based on class member's time and payroll...
2020.01.13 Motion for Preliminary Approval of Class Action Settlement 388
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2020.01.13
Excerpt: ... is the maximum exposure on the claims for wage statement violations and waiting time penalties if Plaintiffs had succeeded at trial? 2. Defendant's Financial Condition. What documents and other information did Class Counsel review to lead him to the opinion that Defendant was at risk of bankruptcy? (See Donahoo Decl. ¶58.) 3. Provisional Class Certification. The motion does not include any discussion of the existence of a community of interest ...
2019.12.20 Demurrer, Anti-SLAPP Motion 591
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2019.12.20
Excerpt: ...t L.A. Terminals, Inc. (“LAT”). TRIAL DATE: Not Set Background On January 22, 2018, Plaintiff City of Los Angeles (“City) filed this action seeking to recover environmental clean-up costs from previous occupants of City property in the Los Angeles Port. Before the Court are two matters: Defendant and Cross-Defendant Occidental Chemical Corporation's (“Occidental”) demurrer to City's fourth, sixth, and seventh causes of action; and City'...
2019.12.10 Demurrer 562
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2019.12.10
Excerpt: ...er Michael Schrage's counsel in another action (BC579623) where Plaintiff obtained a $25 million judgment against Michael and others) seeking to avoid the transfer of a security interest in the form of a property lien Michael purportedly made to Defendant as payment for incurred legal fees. Defendant now demurs to Plaintiff's complaint. Discussion A. Legal Standard. When ruling on a demurrer or motion to strike, the Court accepts the truth of all...
2019.10.17 Motion to Strike 092
Location: Los Angeles
Judge: Buckley, Daniel J
Hearing Date: 2019.10.17
Excerpt: ...ex proceeding seeking recovery for damages arising from the Camp Fire. Defendants Los Angeles Department of Water & Power and City of Los Angeles (collectively, “City”) move to strike references to Code of Civil Procedure section 733[1] and Civil Code section 3346 throughout Plaintiff's First Amended Complaint on the ground that Government Code section 818 prohibits Plaintiffs from recovering double and treble statutory damages for lost timbe...

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