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Location: Orange County x
Judge: Hurwitz, Lon F x
2024.03.08 Motion to Compel Arbitration 086
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ...tiff's individual claims, dismissing the class action claims, and stayi ng all proceedings pending completion of arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On October 5, 2023, Plaintiff Antonio Cornejo Herrera, individually and on behalf of all others similarly situated (“ Plaintiff”), filed a Complaint against Defendants The Picerne Group, Inc.; TPG Property Management, Inc.; and Pice...
2024.03.08 Motion for Determination of Good Faith Settlement 098
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... 33, LLC and Brandywine Homes was made in good faith under CCP § 877.6, and bars all prospective cross -complaints for equitable comparative contribution and/or partial or comparative indemnity against the Settling Defendants by any other joint tortfeasor or co -obligors. UPCOMING EVENTS: OSC re Dismissal on Settled Case – April 12, 20 24 FACTS/OVERVIEW: This is a construction defects case. On May 9, 2023, Plaintiff Arletta Community Associati...
2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 944
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... compel arbitration. This is the first hearing on the matter. SUMMARY OF THE SE TTLEMENT: A copy of the fully executed Class- PAGA Action Settlement Agreement is attached as Exhibit 1 to the Declaration of Robert W. Skripko. (ROA 516.) Class Definition: “All non- exempt individuals who worked for ESSC in California as a Job Coach, Life Coach, Life Skills Coach, Life Skills Coach I or 1, Life Skills Coach II or 2, and/or Life Skills Coach Floa...
2024.03.04 Motion to Compel Deposition of PMK, Further Responses 094
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.04
Excerpt: ...iff moves for orders compelling Defendant to: (1) produce its Person Most Knowledgeable for deposition and produce documents requested in the deposition notice; and (2) provide further responses to Requests for Production. UPCOMING EVENTS: Status Conference – 4/10/2024 FACTS/OVERVIEW: This is a PA GA-only action. On May 13, 2019, Plaintiffs Keith E. Riley and John Styles, on behalf of themselves and all others similarly situated (“Riley Plain...
2024.03.04 Motion to Compel Answers 132
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.04
Excerpt: ... 12, 2024 2. Pretrial Conference – April 12, 2024 3. Jury Trial – June 3, 2024 FACTS/OVERVIEW: This is an eminent domain matter related to the 405 Freeway improvement project. On February 20, 2019, Plaintiff OCTA filed a C omplaint in Eminent Domain against Defendants Hyundai Motor America; BASF Video Corporation; SFII Fountain Valley, LLC; International Telephone and Telegraph Corporation; FHP, Inc.; and Southern California Edison Company. ...
2024.03.04 Motion for Voluntary Dismissal 219
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.04
Excerpt: ...EW: This is a putative class action for the alleged violation of privacy rights related to a data breach. On May 23, 2023, Plaintiff Ferdinand Rivera, individually and on behalf of all others similarly situated (“Plaintiff”), filed a Complaint against North Orange County Community College District (“Defendant”). (ROA 2.) The Complaint allege s seven causes of action for: 1. Negligence; 2. Violation of the California Confidentiality of M...
2024.03.04 Demurrer 154
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.04
Excerpt: ... to state facts sufficient to constitute the claims. UPCOMING EV ENTS: Status Conference – May 14, 2024 FACTS/OVERVIEW: This is a putative class action for alleged violations of California's consumer protection laws. On May 30, 2019, Plaintiffs Joe Maldonado, Alfredo Mendez, J. Peter Tuma, Jonabette Michelle Tuma, and R oberto Mateos Salmeron, individually and on behalf of all others similarly situated (“Plaintiffs”), filed a Complaint aga...
2024.02.23 OSC Re Contempt, Motion for Sanctions 116
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ...glas Hughes should not be held in contempt for willfully violating sever al Court Orders. 2. Plaintiff moves for monetary and terminating sanctions against Defendants Elena Medo and Adrianne Weir for the spoliation and intentional destruction of evidence by Medo in violation of the Court's TRO and Preliminary Injunction Orders. FACTS/OVERVIEW: This is a trade secret misappropriation case. In the operative Fourth Amended Complaint, filed November...
2024.02.23 Motion to Compel Arbitration 335
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ...d to stay the action. UPCOMING EVENTS: None FACTS/OVERVIEW: T his is an employment discrimination matter, as well as an individual wage -and -hour class and PAGA action. On September 6, 2023, Plaintiff Elida Martin (“Plaintiff”) filed a Complaint against Defendants Contactability.com LLC dba SmartFinancial and Stephani e Schneider (collectively, “Defendants”). (ROA 2.) The Complaint alleges the following 16 causes of action: 1. Discrimin...
2024.02.23 Motion to Certify Class, to Seal, to Strike 688
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ...ers similarly situated SERVICE: 1. Proof of Service not provi ded 2. December 15, 2023, by email RELIEF SOUGHT: 1. Plaintiff moves for an order certifying the putative class. 2. Defendant moves for an order striking the declaration, opinions, and testimony of Plaintiff's expert witness, Dr. William Ingersoll, filed i n support of the Motion for Class Certification. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative class action for violat...
2024.02.23 Motion for Preliminary Approval of Class and PAGA Action Settlement 589
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ... versions must be provided as ordered. (ROA 260.) As to the Settl ement (Issue Numbers below are carried over from the Court's prior order (ROA 260): 1. The proof of service on the LWDA does not include a fully executed settlement and none is before the Court. Counsel explains the parties “intend” to file it prior to the hearing (Decl. ¶ 3 n.1), which at any rate would be untimely, but as of 02 -2124, an executed settlement has not been fi...
2024.02.23 Motion for Approval of PAGA Settlement 890
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.23
Excerpt: ... under the Labor Code against Defendant Ladera Lending, Inc . (Defendant) and Does 1-10. ROA 2, Complaint. On March 8, 2023, Plaintiff filed an amended class action complaint adding a PAGA claim (FAC). ROA 33, FAC. On May 12, 2023, Plaintiff sought dismissal of the class claims without notice to the class. See generally, ROA 42, Bradley Decl. Plaintiff represents that he signed an arbitration agreement with Defendant. ROA 52, Bradley Decl., ¶2....
2024.02.09 Motion for Preliminary Approval of Class Action and PAGA Settlement 621
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.09
Excerpt: ...7.1 (Unpaid Overtime Wages); 2. Violation of Labor Code § 2802(a) (Fai lure to Indemnify Necessary Expenditures); 3. Violation of Labor Code §§ 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code § 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code §§ 17200 et seq.; and 6. Civil Penalties Under the Private Attorneys General Act On May 5, 2021, as a matter of right, Plaintiff filed the operative First Amended Complaint (...
2024.02.09 Motion to Stay Proceedings 936
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.09
Excerpt: ...uly 17, 2023, Plaintiff Lindsay A. Vasquez, individually and o n behalf of herself and all other similarly situated (“Plaintiff”), filed a Complaint against Defendant Aramark Campus, LLC (“Defendant”). (ROA 2.) The Complaint alleges a single cause of action for Civil Penalties under PAGA based on alleged violations of various wage -and -hour Labor Code provisions, including failure to pay minimum and overtime wages, failure to provide me...
2024.02.09 Motion to Stay Proceedings 576
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.09
Excerpt: ..., acting by and through its Department of Water and Power SERVICE: November 20, 2023, by U.S. mail and email RELIEF SOUGHT: Defendants move to stay or, in the alternative, to dismiss the action. UPCOMING EVENTS: Case Management Conference - March 6, 2024 FACTS/OVERVIEW: This case involves a dispute over the diversion of water from the Owens Valley, the resulting air pollution, and attempts to mitigate the impacts. On October 19, 2022, Plaintiff T...
2024.02.08 Motion to Seal, to Dismiss 162
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.08
Excerpt: ...Rock Holdings, LLC; TwinRock Partners, LLC; Mo Azzurri, LLC; TRP Management Murray field, LLC; TRP Management Azzurri, LLC; TRP Management VIII, LLC; and TwinRock Management, Inc. (collectively, the “TwinRock Defendants”) Responding Party: Plaintiffs West Coast Lending, Inc.; Trenton Rhodes; and California Anchor Consulting, Inc. SERVICE : August 18, 2023, by electronic transmission RELIEF SOUGHT: Intervening Plaintiffs ask the Court to ente...
2024.02.02 Petition to Compel Arbitration and Stay Action 123
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ... also moves to stay this litigation pending the completion of arbitration. FACTS/OVERVIEW: On August 4, 2022, after Defendants produced a copy of an arbitration agreement purportedly signed by Plainti¯ at the commencement of his employment, Plainti¯ Þled a Request for Dismissal of Class Allegations Without Prejudice. (ROA 25.) The Order dismissing the class claims was entered on August 30, 2022. (ROA 28.) On July 6, 2023, Plainti¯ and Defe...
2024.02.02 Motion to Compel Responses 368
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ..., Nos. 2 through 8, and to Requests for Production, Set Two, No. 3. UPCOMING EVENTS: Status Conference – 02/07/2024; Motion to Strike – 04/05/2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On February 7, 2022, Plainti¯ Alondra Rosas Valencia, as an individual and on behalf of other similarly situated employees (“Plainti¯”) Þled a Complaint against Defendant NGK Spark Plugs (U.S.A.), Inc. (“Defen...
2024.02.02 Motion to Compel Arbitration 762
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...to submit all of her individual claims to binding arbitration, and dismissing the class claims without prejudice. UPCOMING EVENTS: Case Management Conference, February 21, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 14, 2023, Plainti¯ Lingyan Xing, individually and on behalf of all other similarly situated current and former employees (“Plainti¯”), Þled a Class Action Complaint against Defendant Winn, Inco...
2024.02.02 Motion to Approve Amend Joint Stipulation of Settlement and Release Under PAGA 515
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...acle Light Industrial, LLC (“Defendant”) alleging violations of Labor Code section 2802 for Defendants failure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plainti¯ Þled the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlawful Business Practices claim is alleged on the same basis. The PAGA claim is ba...
2024.02.02 Demurrer or Motion for Judgment on the Pleadings 685
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.02.02
Excerpt: ...ings, without leave to amend. UPCOMING EVENTS: Case Management Conference, March 27, 2024 FACTS/OVERVIEW: This is a PAGA-only action. On July 28, 2023, Plainti¯ Gustavo Chavez Franco, solely as a representative of the Labor & Workforce Development Agency and the Aggrieved Employees (“Plainti¯”), Þled a PAGA Representative Action Complaint against Defendant Padilla Construction Company (“Defendant”). (ROA 2.) The Complaint alleges Def...
2024.01.19 Motion to Consolidate 726
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.01.19
Excerpt: ...3, Plaintiff Gladys Navarro ("Plaintiff") filed a Complaint against Defendant Bailey Food and Beverage Group, LLC ("Defendant"). (ROA 2.) The Complaint alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Violation of Labor Code S 226(a) — Improper Wage Statements; 3. Violation of Labor Code S 221; 4. unlawful Taking of Tips and Diversion Kickback; 5. Failure to Reimburse for Business Expenses; 6. Violation of Labor...
2024.01.19 Motion for Sanctions 550
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.01.19
Excerpt: ...g Defendant Pacific Green Energy, LLC from introducing evidence or facts supporting any of fts thirty affirmative defenses at trial, and for monetary sanctions for failure to comply with the Court's June 9, 2023 Order. UPCOMING EVENTS: Motion to Compel Production — March 15, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly ...
2024.01.19 Motion for Leave to File Consolidated FAC 269
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.01.19
Excerpt: ...wn behalf, on behalf of the putative class, and in their representative capacities pursuant to the Private Attorneys General Act, move for leave to file a Consolidated First Amended Class and PAGA Action Complaint in this coordinated action. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a coordinated proceeding comprised of three putative class action cases involving alleged wage-and-hour violations. On March 24, 2023, the Court granted the Petit...
2024.01.19 Demurrer 641
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.01.19
Excerpt: ...cial elder abuse action. On April 15, 2022, Plaintiff Dennis Cooper ("Plaintiff") filed a Complaint in Los Angeles Superior Court (Case No. 22L8CV00174) against Defendants Tyler Morgan Cooper, Jessica Naughton, Loren Castro, and "All Persons unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff Dennis Cooper's Title or Any Cloud On." (ROA 2.) The Complaint a...

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