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: ... 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: ... 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: ...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: ...) 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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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...

Excerpt: ...ference will be held on May 31, 2023 at 8:30 a.m. in Department CX-104. EVIDENTIARY MATTERS Plaintiff's evidentiary objections are all OVERRULED. It appears to the Court that these objections are identical to objections previously overruled by the Court (Judge Di Cesare) in connection with a prior motion to compel arbitration. Plaintiffs' objections are therefore an improper attempt to reconsider the prior order. Plaintiff seeks judicial notice o...

Excerpt: ...ning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The Court rules as follows: 1. The motion for summary judgment is DENIED. 2. The motion for summary adjudication is GRANTED as to issues 1 and 2 inasmuch as Plaintiffs consent to the same in their opposition papers. 3. The motion for summary adjudication is DENIED as to issue 3. Defendants' request for judicial notice, which is unopposed, ...

Excerpt: ...e of Action, which /Cross-Complainants have voluntarily withdrawn. 2. The demurrer is OVERRULED as to alter ego liability. Demurring Cross-Defendants shall answer the SAXC on or before October 21, 2022. 1. Overview In evaluating a demurrer, the Court is guided by long-settled rules. The Court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Pri...

Excerpt: ...Deputy T. Carrillo (the “County Defendants”) demur to all causes of action in the FAC, as well as to the class allegations therein. Second, Defendant Global Tel*Link Corporation (“GTL”) demurs to Plaintiffs' first and tenth causes of action, and to the sixth “cause of action” (more accurately, class allegations) insofar as Plaintiffs allege the existence of a “telephone class.” PROCEDURAL BACKGROUND Before addressing the merits of...

Excerpt: ...d The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The policy was issued by Tra...

Excerpt: ...e individual portion of his PAGA claim. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claim is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. An arbitration review conference will take place in Department CX-104 on April 17, 2023 at 8:30 a.m. I. Factual Background Plaintiff was employed by Defendant as a bartender from 2019 to 2022. (Hailey Dec...