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614 Results
2025.02.13 Motion to Intervene 776
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Excerpt: ...140 -130 -16 -00; 140 - 130 -17 -00; 140 -130 -18 - 00; 140 -130 -21 -00; 140 -130 -22 -00; 140 -130 -24 -00; 140 -130 - 25 -00; 140 - 130 -26 -00; 140 -130 -27 -00; 140 -130 -40 -00; 140 - 6 130 -41 -00; and 140 -130 -43 -00, and as the proposed transferee of the associated 4,741 acre -feet (AF) of Baseline Pumping Allocation and 2,965.43 AF of Carryover, moves to intervene as a party to the judgment entered April 8, 2021. ROA 338; see also Stap...
2025.02.13 Motion to Compel Arbitration 375
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Excerpt: ... equity seeki ng specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. JL asserts Han signed an arbitration agreement “at the time of her employment...
2025.02.13 Motion to Bifurcate and Phase Discovery 931
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Excerpt: ...reafter “amended” it s notice of motion to “request an order limiting the scope of plaintiff's discovery to the plaintiff's claims and stay the class discovery until plaintiff has established that he has standing and is an ‘aggrieved party'.” Amended Notice of Motion (ROA 136) at 2:11 -13. The court denied defendants Palm Springs Hotel LLC and North Palm Springs Hotel LLC's virtually identical motion on January 9, 2025 (ROA 131). For th...
2025.02.13 Motion for Preliminary Approval of Class Action and PAGA Settlement 470
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Excerpt: ... documents se rved on the LWDA, when plaintiff served the documents and how service was effected. As to the settlement: 2. What is the total amount of PAGA Penalties to be paid from the Gross Settlement Amount? Paragraph 3.2.6 of the settlement agreement states: “PAGA Penalties in the amount of $7,000 will be paid from the Gross Settlement Amount, with 65% allocated to the LWDA PAGA Payment and 35% allocated to the Individual PAGA Payments.” ...
2025.02.13 Motion to Compel Production of Unredacted Docs 735
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.02.13
Excerpt: ...ngheben and ( ii) a March 3, 2023 amendment to the settlement agreement. Supp. Windsail Submission (ROA 2801) Exs. A, B. For the following reasons, defendant's motion is granted. Request No. 4 seeks “[a]ll DOCUMENTS AND COMMUNICATIONS DURING THE RELEVANT PERIOD relating to the Fidelity Litigation, LASC Case No. 19STCV30540, as identified in Paragraph 180 of the Third Amended Complaint.” Separate Statement (ROA 2137). Clark objected to Request...
2025.01.30 Motion to Compel Arbitration 456
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.30
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.30
Excerpt: ...to arbitratio n depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its de...
2025.01.30 Demurrer to Complaint 009
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.30
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.30
Excerpt: ... allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th ...
2025.01.24 Motion to Stay 663
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Excerpt: ... (1) an FLSA cl aim for alleged failure to pay overtime compensation; (2) declaratory relief; (3) failure to pay all wages earned; (4) failure to issue accurate itemized wage statements; (5) failure to reimburse business expenses; and (6) unfair business practices in violation of the UCL. Defendant's Request for Judicial Notice (RJN) (ROA 38) Ex. A. On March 13, 2024 the district court granted defendant's motion to dismiss the second cause of act...
2025.01.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 018
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Excerpt: ...LWDA. The Jan uary 9, 2025 Supplemental Seyedfarshi Declaration (ROA 101) states “the proof of submission of the entire motion and all supplemental [sic] is attached hereto as Exhibit 10.” Id. ¶ 10. Exhibit 10 to the Supplemental Seyedfarshi Declaration is a proof of service reflecting service on January 9, 2025 of the Supplemental Seyedfarshi Declaration, the Bench Declaration (ROA 99) and the proposed order (ROA 105). Despite two court ord...
2025.01.24 Motion for Approval of Class Action and PAGA Settlement 813
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Excerpt: ...tiff must fil e with the court a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents and how service was effected. As to the settlement: 2. The settlement agreement and amendment to the settlement agreement state defendant will pay the settlement in installments. Why is defendant paying the settlement in installments? If defendant is paying the settlement in installments due to defendant's f...
2025.01.24 Motion for Approval of Class Action and PAGA Settlement 804
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.24
Excerpt: ...ide the estim ated high and low payments to class members, the estimated high, low and average PAGA payments, and plaintiff's anticipated total amount (including any individual claims and excluding any enhancement payment). Plaintiff states he cannot provide the estimated high and low payments to class members, the estimated high and low PAGA payments, and plaintiff's anticipated amount until final approval. Supp. Brief (ROA 81) at 2. This inform...
2025.01.16 Motion for Class Certification 054
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.16
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.16
Excerpt: ...ate, by which cla ss members may opt -out after being provided notice of certification (the Class Period).” - Class 2 (Meal Period Subclass): All members of the Class who worked at least one shift of five hours or more at any time during the Class Period. - Class 3 (Rest Period Subclass): All members of the Class who worked at least one shift of three and one -half hours or more at any time during the Class Period. - Class 4 (Expense Reimbursem...
2025.01.09 Motion to Compel Arbitration 005
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Excerpt: ... contract. Li ttle v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Existence of an arbitration agreement A court resolves a dispute regarding the existence of an arbitration agreement using ...
2025.01.09 Motions to Compel Deposition of PMK 920
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Excerpt: ...n. For the following reasons, pl aintiff's motions are granted in part and denied in part. Background On June 25, 2024 plaintiff served a Second Amended Notice of Deposition of Diamond ZB Staffing Services, LLC and Requests for Production of Documents. Jusuf Decl. (ROA 1037) Ex. 11. The notice identified nine topics for examination and listed nine requests for production. On August 1, 2024 DZB served objections to the Second Amended DZB Notice. J...
2025.01.09 Motion to Compel Arbitration 097
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Excerpt: ...ecific 2 perf ormance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Existence of an arbitration agreement Defendant asserts Arciga electronically signed an arbitra...
2025.01.09 Motion to Enforce Class Action Settlement, for Entry of Amended Judgment 461
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2025.01.09
Excerpt: ...und The court (Judge Peter Wilson) granted plaintiffs' motion for final approval of the parties' class action and PAGA settlement and for entry of judgment on November 21, 2022 (ROA 240). Neither the November 21, 2022 order and judgment nor the court's (Temporary Judge Michael Galvin) May 9, 2022 (ROA 204) order granting preliminary approval of the parties' class action and PAGA settlement states the Gross Settlement Amount. The Gross Settlement ...
2024.12.19 Motion to Compel Arbitration 151
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Excerpt: ... arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defen...
2024.12.19 Motion for Summary Adjudication 144
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Excerpt: ... defendant se eking summary judgment bears its burden of showing that a cause of action has no merit if the defendant shows that one or more elements of the cause of action cannot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 -51. If a defendant does not meet this initial burden, the plaintiff need not oppose the...
2024.12.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 706
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Excerpt: ...lia, paragrap hs 11.1 and 11.2 of the settlement agreement. 2. The settlement agreement is not signed by plaintiff's counsel. 3. How many class members are there? Compare Hawkins Decl. (ROA 105) ¶¶ 9, 10 (230 class members) with Settlement Agreement ¶ 13.2 (223 class members). 4. The parties should provide the high and low amounts for the individual PAGA payments. 5. Plaintiff should provide the named plaintiff's anticipated total amount to be...
2024.12.19 Motion for Approval of PAGA Settlement 462
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.19
Excerpt: ...6 Cal.4th 969, 986. P AGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $500,000 ...
2024.12.12 Motions to Compel Further Responses 735
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Excerpt: ... “Group 1 Motio ns”) Plaintiff Growthpoint Global, Inc. moves to compel defendants Windsail Credit Fund, L.P., Windsail Capital Fund, L.P., Windsail Capital Group, LLC and Windsail GP, LLC (together, the “Windsail Entities”) to provide further responses to Special Interrogatories (Set Four) Nos. 75 -80. Growthpoint also moves to compel defendant Crate Modular, Inc. to provide a further response to Request for Production No. 91 and further...
2024.12.12 Motion to Stay Civil Action Pending Resolution of Pending Criminal Action 840
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Excerpt: ...bert Mayer, R obert Y. Lee, Brian L. Pallas, Jim Anderson, Urban Pharms, LLC, DJ & S Property #1, LLC, TSL Distribution, LLC and Legion Accounting Services, Inc. (together, the “Moving Defendants,” and, without Brill, the “APB Defendants”) move to stay this case pending resolution of a pending criminal case against Brill and Lee. Defendant Levene, Neale, Bender, Yoo & Golubchik L.L.P. (“LNBYG”) opposes the motions. Plaintiff Robert J....
2024.12.12 Motion for Judgment Notwithstanding the Verdict 896
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.12
Excerpt: ...) in favor of 2 plaintiffs James Stickney and April Stickney. The jury found in plaintiffs' favor on their breach of contract claim and awarded $44,292.00, and found in plaintiffs' favor on their bad faith claim (breach of the implied covenant of good faith and fair dealing) and awarded no damages. The court entered judgment on the jury's verdict on October 7, 2024 (ROA 510). For the following reasons, State Farm's motions are denied. Legal stand...
2024.12.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 277
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.05
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.05
Excerpt: ...court stated that the release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. The revised release (Brouillette Decl. (ROA 81) Ex. 1 (¶ 35(a))) remains overbroad, as rather than tailoring the release to the facts alleged in the operative complaint, the parties have tied the release to the “facts asserted in the Litigation,” which the s...
2024.12.05 Motion for Final Approval of Class Action and PAGA Settlement 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.05
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.12.05
Excerpt: ...laintiffs ser ved the documents, and how service was effected. 2. Were any exclusions, objections or disputes received between November 5, 2024 (Pikus Decl. (ROA 361) ¶ 22) and November 27, 2024? 3. Were any exclusions, objections or disputes received for the 66 remailed notices? 4. Are the parties (i.e., plaintiffs and defendants) aware of any class, representative or other collective action in any other court that asserts claims similar to tho...