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Location: Orange County x
Judge: Sanders, Glenda x
2022.10.28 Motion for Preliminary Approval of Class Action Settlement 548
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.10.28
Excerpt: ...l adds the missing sub-paragraph numbers). Counsel also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiffs' 31 ...
2022.09.02 Motion for Summary Adjudication 149
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.09.02
Excerpt: ...hat Plaintiff was properly classified as an “outside salesman under the FLSA and under the California Labor Code, and was therefore exempt from the minimum wage and maximum hour requirements of the FLSA, from California's overtime, meal and rest period requirements and the derivative wage statement requirements. (“Outside Sales Exemption Affirmative Defenses”.) Defendant Consumer Portfolio Services, Inc.'s (“CPS”) Motion for Summary Adj...
2022.07.29 Joinder, Motion to File Docs Under Seal 140
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.07.29
Excerpt: ...and 7 5. Mark Rhyme – Demand 8 For each PMK Topic listed above, the following language shall be stricken: “Whether [entity and/or entity] was an alter ego of any defendant in the HCR and/or Devine Actions (and/or whether the entities' structure as a limited partnership should be disregarded in these actions including without limitation.” For each Demand listed above, the following language shall be stricken: “whether [entity] was an alter...
2022.05.26 Motion for Preliminary Approval of Stipulation of Class Action and PAGA Action Settlement 961
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.26
Excerpt: ... If a revised settlement and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. 15. Please clarify whether the FCRA/ICRAA Settlement Amount is $20,000 or $20,400. There are references to both numbers in the Settlement Agreement and Notice. This must be corrected throughout both documents. How was the amount determined to be a suitable allocat...
2022.05.20 Motion for Determination of Good Faith Settlement, to Seal 095
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.20
Excerpt: ...rado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs Rodney Reichelt, Carol Reichelt, Scott Blak...
2022.05.20 Motion for Determination of Good Faith Settlement 117
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.20
Excerpt: ... LLC, Ferrado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs William Watzman and Sandy Watzman,...
2022.05.13 Motion to Consolidate Matters or Stay 615
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.13
Excerpt: ...ding the arbitration of the individual claims, is granted. Pursuant to CCP §1048(a), “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the cour...
2022.05.06 Motion to Compel Arbitration 571
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.06
Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...
2022.05.06 Motion to Compel Arbitration 030
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.06
Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...
2022.05.06 Motion to Compel Answers 929
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.06
Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...
2022.05.06 Demurrer 184
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.06
Excerpt: ...9 working days after the date on which the application or appeal is filed with the commission.” (Public Resources Code §30621(a)). Thereafter, per Public Resources Code §30622, “[t]he commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section 30621.” Per Public Resources Code §30625(a), “if no action is taken within the time limit specified in...
2022.05.03 Motion to Compel Answers 929
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.03
Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...
2022.05.03 Motion to Compel Arbitration 030
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.03
Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...
2022.05.03 Motion to Compel Arbitration 571
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.05.03
Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...
2022.04.19 Motion to Approve Settlement and Stipulated Consent Judgment 926
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.04.19
Excerpt: ...of . . . ,” to enable the court to more easily identify the areas of the documents in which the changes have been made. Supplemental papers must be filed at least 9 court days prior to the hearing. 1. Counsel has provided no indication that the two Notices of Errata, Hashemi Declaration and, most importantly, the most recent version of the proposed Consent Judgment (Exh. D to ROA 54, Notice of Errata), which is the version for which the parties...
2022.04.18 Motion for Sanctions, for Judgment on the Pleadings 312
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.04.18
Excerpt: ...at “that ‘a cause of action for malicious prosecution accrues upon entry of judgment in the underlying action…” (Id. at 1356). Unlike the factual circumstances in Pasternack, it is undisputed that judgment was entered in the underlying action, in favor of Plaintiff herein, with respect to the claims which form the basis of this Complaint. (See Reply: 3:24-4:2 and 5:18-20 [ROA No. 1612]). Per the Complaint in this action, Plaintiff is alle...
2022.01.28 Motion to Strike Complaint 745
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.28
Excerpt: ...he California Rules of Court. Defendants HSA, LP and AMC-CA, Inc.'s Motion to Strike is denied. Pursuant to CCP §436, the Court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Wit...
2022.01.28 Motion to Stay Action 823
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.28
Excerpt: ...ctually a motion for reconsideration, this court found that “[t]he relief sought by way of this motion is an order reinstating attorney Marc Lazo as counsel of record after this court's order disqualifying him. The motion clearly involves reconsideration of the court's previous order disqualifying Mr. Lazo. It therefore falls within the ambit of Section 1008.” (ROA 2643 at 2). CCP §1008(g) specifically states that “[a]n order denying a mot...
2022.01.28 Motion for Summary Judgment, Adjudication 611
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.28
Excerpt: ...n Government Code §65009(c)(1)(E) because all of the alleged wrongs arise out of the City Council's June 18, 2019 decision on the Planning Commission's interpretation of the effective date of the project approvals. “A defendant moving for summary judgment based on the affirmative defense of the statute of limitations carries its burden by presenting evidence establishing that the plaintiff's claim is time barred.” (Genisman v. Carley (2018) ...
2022.01.07 Motion to Dismiss or to Stay for Forum Non-Conveniens
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.07
Excerpt: ...0241MMDWGC. The court stays the following eight related actions subject to a stipulation from defendant First American Title that it will submit to jurisdiction in Nevada and waive any applicable statute of limitations (as more fully explained below): 1. Deutsche Bank National Trust Company As Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series Arsi 2006-M3 v. First American Title Insurance, Case No. 3...
2022.01.07 Motion to Certify Class
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.07
Excerpt: ...Legal Standard Plaintiff must establish “by a preponderance of the evidence that the class action proceeding is superior to alternate means for a fair and efficient adjudication of the litigation.” Sav-On Drug Stores, Inc. v. Superior Ct. (2004) 34 Cal.4th 319, 332; see also Apple Inc. v. Superior Ct. (2018) 19 Cal.App.5th 1101, 1116. “The certification question is essentially a procedural one that does not ask whether an action is legally ...
2022.01.05 Motion to Augment Expert Witness and to Amend Exhibit List
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.05
Excerpt: ...o submit supplemental briefing regarding Plaintiff's amended request to permit Plaintiff's witnesses Ted Merrill and Daniel Martinez to testify regarding updated cost of repair estimates. Mr. Merrill was previously designated as Plaintiff's expert witness regarding the cost of repair. Mr. Martinez (an architect) is one of the witnesses Plaintiff seeks to add by way of this motion. In considering this second round of supplemental briefing, the cou...
2022.01.05 Motion for Determination of Good Faith Settlement
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.05
Excerpt: ...h motions are now tentatively ruled upon as set forth below. Motion 1: Stewart Title's Motion for Determination of Good Faith Settlement (ROA 2518) The Motion for Determination of Good Faith Settlement bought by Stewart Title of California (“STCA”) is GRANTED insofar as it requests a finding of good faith determination. The motion is DENIED insofar as it seeks dismissal of Val-Chris Investments, Inc.'s cross-complaint. The court concludes tha...
2022.01.04 Motion to Exclude Testimony at Trial or Deposition 917
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2022.01.04
Excerpt: ...t to C.C.P. §2034.410, “[o]n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list.” While the CDG Defendants concede Dr. Reynolds was designated by another party in this action (Motion: 9:27-28), the CDG Defendants nonetheless assert that C.C.P. §2034.310 is inapplicable because Dr. Reynolds was not deposed prior to the designating party being granted summary judgment. (Motion: 10...
2021.12.10 Motion for Summary Judgment 109
Location: Orange County
Judge: Sanders, Glenda
Hearing Date: 2021.12.10
Excerpt: ... the nonexistence of any triable issue of material fact . . . .” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” Id. at 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the caus...

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