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Location: Orange County x
Judge: Wilson, Peter x
2019.9.26 Petition to Coordinate Cases 051
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ...alifornia Rules of Court, rule 3.400; Code Civ. Proc., § 404.) The coordination of the actions will promote the ends of justice. The actions have overlapping factual and legal issues due to the common PAGA claim based on Labor Code § 2802. Given the overlap, a single, coordinated action will be more convenient for all the parties, witnesses, and counsel, and will promote efficient utilization of judicial resources. Coordination will also increa...
2019.9.26 Motion to Quash Service of Summons 774
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ... jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate “‘traditional notions of fair play and substantial justice.'” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 443 [quoting Internati...
2019.9.26 Motion to Expunge Lis Pendens 022
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ...the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.) (Emphasis added.) The motion to expunge is “confine[d] … to the court where ‘the action' of which notice has been recorded is pending to avoid inconsistent judgments and forum shopping.” (The Formula Inc. v. Superior Court (2008) 168 Cal.App.4th 1455, 1464.) Based on this authority, only the Court can hear this motion to expunge. (See also Gol...
2019.9.26 Motion to Compel Arbitration 718
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ... 2; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Further, Defendant is involved in interstate commerce as it receives reimbursement for services from Medicare. (Bohn Decl., ¶ 8; Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 277; Summit Health, Ltd. v. Pinhas (1991) 500 U.S. 322, 327; Willis v. Prime Healthcare Services, Inc. (2014) 231 Cal.App.4th 615, 625–626.) A court's role in consideri...
2019.9.26 Motion for Preliminary Approval of Class Action Settlement 286
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ... agreement is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. Paragraph 4.C of the Settlement provides that class members will not receive payment until 10 days after full funding of the Maximum Settlement Amount. Full funding may not occur until June 4, 2021. Settlement, ¶ 3.B. The Court will not approve a settlement in which payments for attorneys' fees/costs, ...
2019.9.26 Demurrers 277
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.26
Excerpt: ...rth below in both actions. The demurrers are OVERRULED. “A demurrer tests only the sufficiency of the pleading and lies only where the defect appears on the face of the pleading or from matters judicially noticed by the court.” (Fiorito v. Superior Court (1990) 226 Cal.App.3d 433, 437.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materia...
2019.9.19 Motion for Final Approval of Class Action Settlement 691
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.19
Excerpt: ...ations omitted].) “The trial court has broad discretion to determine whether the settlement is fair.” (Ibid.) At preliminary approval, Plaintiff's valuations and settlement calculations were made under the expectation that the class consisted of around 235 people. (11/9/17 Mahoney Decl., ¶ 8; Supp. Mahoney Decl., at ¶ 14.) Based on this expectation, Plaintiff valued the claims asserted to be worth a maximum $1,644,520, with a reasonable val...
2019.9.12 Motion for Judgment on the Pleadings 997
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.12
Excerpt: ...ndum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper.” (Id. at rule 3.1113(g).) “A trial court has broad discretion … to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission.” (Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765.) Plaintiffs' opposition is 20 pages. Plaintiffs did not file an ...
2019.9.5 Motion to Expunge Lis Pendens 680
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.9.5
Excerpt: ...uena Park Successor Agency and City of Buena Park (together, “Plaintiffs”) filed a first amended lis pendens the same day this motion was filed. Plaintiffs then filed a first amended complaint (“FAC”) on May 30, 2019 and a second amended lis pendens on June 4, 2019. The effect of the FAC and the first and second amended lis pendens on this motion is unclear. Thus, the Court requests the parties provide supplemental briefing on the followi...
2019.8.29 Motion to Compel Arbitration 076
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.29
Excerpt: ...on to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc.(9th Cir.2000) 207 F.3d 1126, 1130.) “The United States Supre...
2019.8.29 Motion for Class Certification 159
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.29
Excerpt: ...om translating a document presented to the court. Mr. Denis is qualified to translate. He has also stated under oath that his translations are true and accurate. (Supp. Denis Decl., ¶¶ 4-5; see also Certificates of Translation.) Mr. Denis's potential bias does not bar the evidence but rather goes to the weight of it. “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a wel...
2019.8.22 Demurrer 566
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.22
Excerpt: ... of action for breach of fiduciary duty without leave to amend. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) The inten...
2019.8.15 Motion to Stay or Dismiss 774
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.15
Excerpt: ...n by MFI. (Prasher Decl., ¶ 7, Ex. A.) The MSA contains a mandatory forum selection clause that states: “[t]his Agreement shall be governed by and interpreted according to the laws of the Province of Ontario and the laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts in the Province of Ontario in respect of all matters arising out of or in connection with this Agreement.” (Prasher Decl., Ex. A, �...
2019.8.15 Motion for Summary Judgment, Adjudication 039
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.15
Excerpt: ...roc., § 437c(b)(3)), the Court has exercised its discretion to excuse noncompliance with the Code of Civil Procedure and reach the merits of the motions. Finally, “[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty ….” (Code Civ. Proc., § 437c(f)(1); see also Dunn v. County of Santa Barbara (2006) 1...
2019.8.15 Motion for Preliminary Approval of Class Action Settlement 367
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.15
Excerpt: ...ement is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. The class definition excludes employees that “executed a release of all claims against Greenstone Materials, Inc.” (Settlement, ¶ A.4.) Does this refer to the release from the DOL settlement? If not, to what does it refer? If it does refer to the DOL settlement, that settlement only appears to release m...
2019.8.15 Demurrer 872
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.15
Excerpt: ...tiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) “[A] plaintiff is required only to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action …. There is no need to require specificity in the pleadin...
2019.8.8 Demurrer 162
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.8
Excerpt: ... on its face may nevertheless be subject to demurrer when matters judicially noticed by the court render the complaint meritless. In this regard the court passing upon the question of the demurrer may look to affidavits filed on behalf of plaintiff ….” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, “[t]aking judicial notice of a document is not the same as accepting the truth of its contents or acce...
2019.8.1 Motion to Compel Arbitration and Stay Proceedings 022
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.1
Excerpt: ... FAA applies. A court's role in considering a petition to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc.(9th Cir.20...
2019.8.1 Motion for Summary Judgment 598
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.8.1
Excerpt: ...action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) “Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or a defens...
2019.7.25 Motion to Quash Service of Summons 287
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.25
Excerpt: ...td. was properly served with the complaint and summons. Plaintiff argues it properly served Teva Ltd. through its California-based subsidiary, Teva Parenteral Medicines, Inc. (“TPM”). The parties agree that TPM is an indirect subsidiary of Teva Pharmaceuticals USA, Inc. (“Teva USA”), which is an indirect subsidiary of Teva Ltd. (See e.g. Plaintiff's Supp. Brief, p. 7:15-18.) “Delivery by hand of a copy of any process against a foreign c...
2019.7.25 Motion to Compel Arbitration 233
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.25
Excerpt: ... § 472(a).) ACSC, not the American Automobile Association, Inc. (“AAA”), is Plaintiff's employer. Plaintiff's offer letter, W-2 forms, paystubs, and other employment documents confirm this. (Philipp Decl., Exs. A-D; Tercero Decl., Ex. A.) ACSC is a party to the arbitration agreement at issue. (4/16/19 Alexander Decl., ¶ 4, Ex. A, p. 1.) The arbitration agreement is governed by the FAA. (See 4/16/19 Alexander Decl., ¶ 3; Allied-Bruce Termin...
2019.7.25 Motion for Approval of PAGA Settlement 461
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.25
Excerpt: ...t time and resources. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [citing Lab. Code, § 2699(l)(2)].) As to the Settlement 1. It is unclear whether the definition of “aggrieved employees” in Recital B applies to the Settlement, is a description of the definition contained in the LWDA notice, or bo...
2019.7.19 Motion for Protective Order 277
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.19
Excerpt: ...iffs' right to privacy.” (See Notice of Motion). While Plaintiffs attach seven subpoenas to the Declaration of Babak Semnar (See Exhibits A through G), Plaintiffs phrase their request to extend beyond these subpoenas and potentially affect subpoenas which have not been identified to the Court. (See also Proposed Order attached to Motion). No blanket order is possible or permissible where there is no particular delineation of the “Plaintiffs' ...
2019.7.18 Motion to Compel Responses 459
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.18
Excerpt: ..., 2019 and June 27, 2019. (See ROA Nos. 356, 358 and 360). Accordingly, the requests for discovery responses from these parties has been rendered MOOT. Additionally, per Plaintiffs' Counsel, verified discovery responses were served by mail on June 26, 2019, on behalf of Plaintiffs Amy Booty, General Booty, Avery Booty, John Booty, Charles Leonard, Guiliana McDaniel, Megan Woodruff-McDaniel, Kyle McDaniel, Olivia McDaniel, Billie Christine Walker,...
2019.7.18 Motion for Summary Judgment 736
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.7.18
Excerpt: ...hfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) As to Plaintiff's breach of contract claim, Defendant contends it properly denied Plaintiff's claim because the policy at issue allows it to “deny coverage for any claim or loss and void this policy if any insured has concealed or misrepresented a material fact or circumstance … in the presentation of a claim or loss, or at any time either before or after a claim or loss.” (Defendant's S...
2019.6.27 Request to Dismiss Individual and Class Action Claims 677
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...as commenced would be at odds with the right of a plaintiff to dismiss a case voluntarily and without prejudice set forth in [CCP] section 581, subdivision (b)(1) and subdivision (c), both of which provide that a plaintiff may voluntarily dismiss his or her complaint at any time before the ‘actual commencement of trial.'” (Id. at 1549.) The Court's 3/7/19 order does not prohibit Plaintiff from filing a PAGA claim. Instead, it notes that such ...
2019.6.27 Motion to Compel Arbitration and Stay Proceedings 022
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...co, Inc. (2003) 539 U.S. 52, 56-58.) Thus, the FAA applies. A court's role in considering a petition to compel arbitration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron ...
2019.6.27 Demurrer 358
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.27
Excerpt: ...s statements” by failing “to include the total number of hours worked by Plaintiff and the other class members.” (See ¶90 of FAC). Plaintiff alleges that, as a result of the above, Plaintiff and the class have suffered damage. (See ¶91 and ¶93 of FAC). Additionally, earlier in the Complaint Plaintiff alleges Defendant had a practice of “failing to pay them for all regular and/or overtime wages earned…” (See ¶25 of FAC, incorporate...
2019.6.20 Petition for Coordination 029
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ...2018-01019366. It has also reviewed the Declaration of Scott A. Brooks filed on June 10, 2019 (“Brooks Declaration”). Pursuant to Code Civ. Proc., § 404.1, the petition for coordination is GRANTED. All three actions have already been deemed complex by their respective courts. (Code Civ. Proc., § 404.) Further, coordination of the actions will promote the ends of justice. The actions have a substantial amount of overlap of factual and legal ...
2019.6.20 Motion to Compel Further Responses 936
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ...ble evidence ….” (Code Civ. Proc., § 2017.010.) “Courts must insist discovery devices be used as tools to facilitate litigation rather than as weapons to wage litigation. These tools should be well calibrated; the lancet is to be preferred over the sledge hammer.” (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 221.) Here, each request for production follows the same format: “ALL emails between email address [...
2019.6.20 Demurrer, Motion to Strike 271
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.20
Excerpt: ... how, when, where, to whom, and by what means the representations were tendered.” (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993.) “We enforce the specificity requirement in consideration of its two purposes. The first purpose is to give notice to the defendant with sufficiently definite charges that the defendant can meet them. The second is to permit a court to weed out meritless fraud claims on the basis of the ple...
2019.6.13 Motion to Compel Arbitration and to Dismiss 857
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...pellate decisions are in conflict. In such a situation, the court exercising inferior jurisdiction can and must make a choice between the conflicting decisions.” (Auto Equity Sales, Inc. v. Superior Court of Santa Clara County (1962) 57 Cal.2d 450, 456.) Currently, there are two binding appellate decisions that contain conflicting holdings on whether claims for unpaid wages under Labor Code § 558 are arbitrable: Zakaryan v. Men's Wearhouse, In...
2019.6.13 Demurrer, Motion to Strike 277
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...2017-00941552 (“RNR Action”). Because the allegations in the FACCs in both actions are nearly identical, as are the demurrers and the motions to strike, the Court permitted Health Net to file a joint opposition to the motions to strike and a joint opposition to the demurrers. Similarly, it allowed RNR and NDR to file a joint reply in support of the motions to strike and a joint reply in support of the demurrers. (4/25/19 Minute Order.) The Co...
2019.6.13 Motion for Preliminary Approval of Class Action Settlement 817
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.13
Excerpt: ...is directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. Counsel's valuation of the wage statement claim states there are “46 pay periods in the wage statement Class Period and 26 full time equivalent employees who each worked 46 pay periods ….” (Ackermann Decl., ¶ 31.c.) Counsel should explain whether the “wage statement Class Period” differs from the “Cla...
2019.6.6 Motion for Preliminary Approval of Class Action Settlement 206
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...her than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. As to the release in Section 7.1, please clarify the meaning of the phrase “alleged in the Action” and how it differs from the phrase “alleged in the operative complaint.” Also clarify whether class members are releasing any claims that are unrelated to or do not arise from the allegations in the operative complaint. In s...
2019.6.6 Demurrer 180
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...tinued the hearing as to the remaining causes of action (second through seventh) to allow for supplemental briefing. The Court has reviewed the supplemental briefs submitted by the parties and SUSTAINS the demurrer as to the second, third, fourth, fifth, sixth, and seventh causes of action. These causes of action challenge the facial constitutionality of PAGA under the state and federal constitutions. “A facial challenge to the constitutional v...
2019.6.6 Motion for Approval of PAGA Settlement 954
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.6.6
Excerpt: ...ment agreement', to avoid waste of limited Court time and resources. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [citing Lab. Code, § 2699(l)(2)].) As to the Settlement 1. Why is “SCP Distributors, LLC” included in the definition of “Aggrieved Employees.” 2. Plaintiff has not provided any val...
2019.5.30 Motion to Compel Further Responses 309
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.30
Excerpt: ...tions were filed. Thus all discovery regarding hourly-paid employees is moot. The scope of discovery is broad and is construed liberally in favor of disclosure. (Code Civ. Proc., § 2017.010; Williams v. Superior Court(2017) 3 Cal.5th 531, 541.) There is “no obligation on a party propounding interrogatories to establish good cause or prove up the merits of any underlying claims.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 550.) Further...
2019.5.30 Motion for Final Approval, for Attorneys' Fees 465
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.30
Excerpt: ... prior to that conference regarding the status of the settlement administration. Plaintiffs should suggest a date for the status conference. The final report must include all information necessary for the Court to determine the total amount actually paid to class members. Plaintiffs shall also submit, at least 10 days prior to the conference, a [Proposed] Amended Judgment directing Defendant (or the Claims Administrator on Defendant's behalf) to ...
2019.5.23 Motion to Accept Claims 023
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...mitted claims. “[T]rial courts [are] urged to exercise pragmatism and flexibility in dealing with class actions.” (Cartt v. Superior Court (1975) 50 Cal.App.3d 960, 970.) California courts may look to federal cases interpreting class action procedure “for guidance or where California precedent is lacking.” (Hefczyc v. Rady Children's Hospital-San Diego (2017) 17 Cal.App.5th 518, 531.) Federal “district court ha[ve] discretion to grant l...
2019.5.23 Motion for Reconsideration 980
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...requires a trial court to reconsider its earlier ruling if the decision materially changed the law. [Citations.] Even without a change of law, a trial court has the inherent power to reconsider its prior rulings on its own motion at any time before entry of judgment.” (State of California v. Superior Court (Flynn)(2016) 4 Cal.App.5th 94, 100; see also Code Civ. Proc., § 1008(c).) Zakaryan v. Men's Wearhouse, Inc. (2019) 33 Cal.App.5th 659 was ...
2019.5.23 Motion for Judgment on the Pleadings 936
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ....4th 365, 370.) The evident purpose of the notice requirement is to afford the [LWDA], the opportunity to decide whether to allocate scarce resources to an investigation, a decision better made with knowledge of the allegations an aggrieved employee is making and any basis for those allegations. Notice to the employer serves the purpose of allowing the employer to submit a response to the agency [citations], again thereby promoting an informed ag...
2019.5.23 Motion for Approval of PAGA Settlement 765
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.23
Excerpt: ...ettlement Agreement (“Amendment”) states the “individual employee shall be eligible to receive a settlement payment without regard to whether he or she worked any minimum number of Pay Periods.” (Amendment, § III, ¶ 2.) However, the Amendment is unclear as to whether this language is replacing any language in the Settlement or being added to the existing language. If the former, Counsel needs to explain what language is being struck and...
2019.5.16 Petition to Coordinate Cases 008
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ... are deemed as complex. (Code Civ. Proc., § 404; California Rules of Court, rule 3.502.) The actions involve a significant number of parties, witnesses and documents. Trial will likely exceed 20 days. And both actions involve securities claims and investments. (California Rules of Court, rule 3.400(b) and (c).) Coordination of the actions will promote the ends of justice. Both actions have substantial overlap of factual and legal issues. Given t...
2019.5.16 Motion to Require Posting of Bond, for Joinder 162
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ...s “[t]at there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members.” (Corp. Code, § 17709.02(b)(1) [emphasis added].) “The burden of establishing the statutory condition is on the party moving for security.” (Burt v. Irvine Co. (1965) 237 Cal.App.2d 828, 868.) The trial court has “broad discretion … to dete...
2019.5.16 Motion to Compel Production of Docs 700
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.16
Excerpt: ...oduction of information neither relevant nor reasonably calculated to lead to the production of admissible evidence. RFP No. 6 is not limited to the type of policy at issue in this lawsuit. Thus, the request would extend to the claims handling and procedures for other types of policies that are irrelevant here, e.g. auto insurance RFP Nos. 24 and 29 are not limited in time. Further, as to No. 29, Plaintiff has not made a fact specific showing of ...
2019.5.9 Motion for Preliminary Approval of Class Action Settlement 461
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.9
Excerpt: ...directed, rather than ‘amended settlement agreement', to avoid waste of limited Court time and resources. As to the Settlement 1. The Court will not approve class members “opting-in” to the FLSA portion of the settlement by cashing checks. (Settlement, ¶ 45.) This procedure is unnecessary, in an opt- out settlement under California class action procedural law. A recent 9th Circuit decision confirms the release here is sufficient to extend ...
2019.5.2 Motion for Leave to Intervene 337
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.2
Excerpt: ...tion 387 should be liberally construed in favor of intervention.” (Simpson Redwood Co. v. State of California (1987) 196 Cal.App.3d 1192, 1200.) Intervention is mandatory upon timely application if “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect ...
2019.5.2 Motion for Joinder, for Consolidation 271
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.5.2
Excerpt: ...oid unnecessary costs or delay.” (Code Civ. Proc., § 1048(a).) Consolidation is “a matter committed to the sound discretion of the trial judge.” (Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.) Neither Waterfront nor Davis/Reed has established sufficient common questions of fact or law. The plaintiffs in the 24 actions (the “Waterfront Actions”) sought to be consolidated all provided different goods and/or services at the hotel p...
2019.4.4 Motion to Compel Arbitration 495
Location: Orange County
Judge: Wilson, Peter
Hearing Date: 2019.4.4
Excerpt: ...ration under the FAA is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. If the response is affirmative on both counts, then the Act requires the court to enforce the arbitration agreement in accordance with its terms.” (Chiron Corp. v. Ortho Diagnostic Sys. Inc. (9th Cir.2000) 207 F.3d 1126, 1130.) If these requirements are met, “the court...

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