Excerpt: ... provide further responses to Plaintiff's Form Interrogatories (Employment) – Set One. Plaintiff also seeks sanctions in the amount of $4,865.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees (“Plaintiff”) filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel (“Bengel”), and Edmund Coutan (“Coutan”) alleging the...

Excerpt: ...seeks: (1) preliminary approval of Class Action and PAGA Settlement; (2) provisional certification of the propose class for settlement purposes only; (3) appointment of Plaintiff as Class Representative and Frontier Law Center as Class Counsel; (4) preliminary finding that the settlement appears to be within the range of reasonableness; (5) approval of the Notice of Proposed Class Action Settlement for the Class Members and its distribution; (6) ...

Excerpt: ...age and hour class and PAGA action. On May 26, 2020, Plaintiff Leann Lester, an individual and on behalf of all others similarly situated (“Plaintiff”) filed a Class and Representative Action Complaint against Defendant Wesco Group, Inc. dba Heroes & Legends Bar & Grill (“Defendant”). (ROA 2.) Defendant filed its Answer on September 28, 2020. (ROA 14.) The Complaint asserts the following causes of action: 1. Minimum Wage Violations; 2. Fa...

Excerpt: ...pproval of the distribution of the proposed class notice; (4) appointment of Plaintiffs as class representatives; (5) appointment of Jackson APC as class counsel; (6) appointment of ILYM Group, Inc. as the settlement administrator; and (7) the setting of a hearing date for final approval of the settlement. FACTS/OVERVIEW: The operative Second Amended Complaint (ROA 154) was filed January 10, 2023, pursuant to a stipulation after the parties reach...

Excerpt: ...ng party seeks to file redacted versions of the declarations of Plaintiff and Plaintiff's attorney. (ROA 16, 17.) The redacted information consists solely of the dollar amount of Plaintiff's individual settlement, i.e. $25,000. (See ROA 216 II 3, ROA 217 3.) Unredacted versions of the declarations were lodged with the Court. No notice of lodging was filed. BACKGROUND This action concerns the alleged oversized and misleading packaging of the "Pure...

Excerpt: ...eement to respond to Plaintiff's October 14, 2022 Requests for Production ("RFP") and produce responsive documents. Plaintiff also seeks sanctions in the amount of $3,385.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees ("Plaintiff") filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel ("Bengel"), and Edmund Coutan ("Coutan...

Excerpt: ...IEW: On May 20, 2021, Plaintiff Maria Gonzales, as an individual and on behalf of other similarly situated employees ("Plaintiff"), filed her original Class Action Complaint against Defendant Fisher Printing, Inc. ("Defendant") alleging causes of action 1. Failure to Provide Meal Breaks; 2. Failure to Provide Rest Periods; 3. Failure to Provide and Maintain Accurate Itemized Wage Statements and Maintain Records; 4. Failure to Pay for Necessary Ex...

Excerpt: ...tion. FACTS/OVERVIEW: on July 20, 2021, Plaintiff sean Finnell ("Finnell") filed a complaint against Defendants Control Air Enterprises, LLC; Control Air Holdings, Inc.; and Todd Gavin alleging causes of action for: . Medical Condition Discrimination (Associational); Failure to Engage in the Interactive Process; 2. Retaliation (FEHA); 3. Failure to Prevent Discrimination, Harassment, or Retaliation; 4. Violation of Labor Code S 1102.5; 5. Violati...

Excerpt: ... The FAC cannot be located in the ROA. Relatedly, no answer to an amended complaint can be located and the answer to the class complaint was not filed until 04-06-22. (ROA 122.) On 02-28-19, the Court dismissed the class claims, stayed Plaintiff's PAGA claim, and ordered Plaintiff's individual wage and hour claims to binding arbitration. (ROA 58, 59.) This matter was stayed from 02-28-19 to 03-11-22 pending the outcome of the arbitration. The par...

Excerpt: ...ustained Defendant's demurrer on March 18, 2022. (ROA 83.)). Judgment of Dismissal was entered in favor of Defendant County of Orange on 7/14/22 (ROA gg) based upon the Court sustaining the County's Demurrer on 3/21/22. FACTS/OVERVIEW: on September 22, 2021, Plaintiffs N. Papageorges, D. Groves, and A. J. Montrella (collectively, "Plaintiffs") filed a Class Action Complaint against Dana Point Harbor Partners, LLC and County of Orange alleging the...

Excerpt: ...without prejudice. On 12/13/22, Mr. Mahoney filed a "Notice of Renewed Motion and Renewed Motion For Preliminary Approval of Class Action Settlement" CROA 118], in which he filed the same papers which had been filed in connection with the sixth Hearing heard on 8/12/22, and in which Judge Sanders Denied the Motion [ROA 105] based upon those papers being defective with respect to the Court's prior Orders for correction and compliance with the Cour...

Excerpt: ... 2021, which the Court granted on August 6, 2021, and sent Plaintiff's individual claims to arbitration. (ROA 150.) His PAGA claim and class action claims were stayed pending arbitration. (ld.) He remains the PAGA representative. There is no discovery order or stipulation for staged discovery. Proposed Class Representatives Brayden Humpherys and Jeremy Hatcher worked as "Direct Sellers" and were classified as independent contractors. They seek to...

Excerpt: ...be filed no later than nine (g) court days prior to the continued hearing date. Redlined versions of all revised papers, showing all changes, deletions, and additions, must also be submitted electronically to the court. This hearing was continued on 01-27-23 so that counsel could address several outstanding issues. (ROA 93.) The Court has reviewed the supplemental papers and while several issues have been addressed, several significant issues rem...

Excerpt: ... the Class Action Settlement (ROA 27) on the Fourth attempt. The proposed settlement included the following characteristics: • Gross settlement amount of $525,000 Attorney Fees: $175,000 (1/3) Litigation costs: $20,000 (NTE) • Plaintiff's Enhancement: NTE $5,000 (reduced from $15,750 per Amd. No. 1) Admin. costs: $8,000 (NTE) • Class size: 213 In the Order, the Court specifically stated that the Motion for Final Approval "shall" be filed by...

Excerpt: ...the preliminary approval hearing. First, Defendant has failed to demonstrate “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte” pursuant to the requirements of California Rule of Court 3.1202(c). At best, Defendant argues that the Administrator's mailing of the Notice of Pendency of Class Action and Proposed Settlement and Notice of Individual Settlement Award will be late according to the terms of...

Excerpt: ...fendants Dana Point Harbor Partners, LLC (“DPHP”) and County of Orange. The Complaint asserts the following claims: 1. Injunctive Relief; 2. Breach of Master Ground Lease and Breach of Slip License Agreements; 3. Unfair Business Practices; 4. Constructive Eviction; and 5. Declaratory Relief Within this action, Plaintiffs challenge a slip fee increase in the Dana Point Harbor, which Defendant DPHP noticed on June 21, 2021. (¶ 29 Complaint). P...

Excerpt: ...-21 by plaintiff Lupe Saenz against defendants Mesa Verde Convalescent Hospital, Inc. dba Mesa Verde Post Acute Care Center [“Mesa Verde”], Rockport Administrative Services, LLC [“Rockport”], and Gabriel Shelton, for: (1) financial elder abuse (Welfare & Institutions Code §15600, et. seq.); (2) conversion; (3) breach of fiduciary duty; (4) negligence / negligent hiring, supervision, retention; (5) failure to safeguard patient property (H...

Excerpt: ...date, to determine why the following nonmonetary sanctions should not be imposed: (1) issue sanctions ruling that all claims in the FAC be ruled in Plaintiff's favor, forbidding Defendant from contesting those claims; or (2) terminating sanctions in the form of striking the Defendants' Answer to the Complaint. Merits The motion is unopposed. Defendant's responses are identical, objection-only boilerplate and no substantive information at all has ...

Excerpt: ...Mahoney's Third Supplemental Declaration, he purports to provide redlined versions of the revised Notice and Fourth Amended Stipulation of Settlement. Those documents do not, however, contain any redlining. Counsel's declaration also does not summarize or otherwise indicate what changes were made. The court would have to engage in its own side by side comparison of the current and prior versions of the documents to locate changes. As counsel has ...

Excerpt: ...h Amended Complaint ("4AC") alleges that fraudulent loans were taken out by Ronald Touchard and involved two properties owned by plaintiff Gainquick—referred to as the Pinehurst and Ferrand Properties. A Deed of Trust dated August 30, 2016 was recorded against the Pinehurst Property as Instrument No. 2016000423772 (the "Pinehurst DOT"). (4AC 43.) The Pinehurst DOT purports to secure the Pinehurst Property as collateral for a purported $2,650,00...

Excerpt: ... Defendants allegedly failed to pay rent and to satisfy other monetary obligations under lease agreements for facilities in (1) Arizona, (2) California, (3)Connecticut, (4) Florida, (5) Georgia, (6) Illinois, (7) Indiana, (8) Kentucky, (g) Maryland, (10) Minnesota, (11) New Jersey, (12) New York, (13) North Carolina, (14) Ohio, (15) Pennsylvania, (16) Tennessee, (17) Texas and (18) Washington. On 08-02-22. the Court sustained a demurrer to the Co...

Excerpt: ...2 and added a ninth COA under PAGA. (ROA 46.) There is no discovery stipulation or order for staged discovery. RELIEF SOUGHT: Defendants seek an order compelling this matter to arbitration, striking the class allegations, dismissing (or staying) Plaintiff's class claims until the completion of individual arbitration, and dismissing Plaintiff's non-individual PAGA claims. Defendants' Request for Judicial Notice The Court declines to rule as the do...

Excerpt: ...d, pending the outcome of arbitration. (ROA 35.) FACTS/OVERVIEW: On 05-11-22, Plaintiff filed this putative class action asserting causes of action for (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums); (3) violation of Labor Code section 226.7 (unpaid rest period premiums); (4) violation of Labor Code sections 1194, 1197, and 1197.1 (unpaid min...

Excerpt: ...rofessional (Bus Aide). This matter was first heard on 10-21-22 and was continued so that counsel could address several issues identified by the Court. (ROA 98.) RULING: The hearing on this motion is continued to June 16, 2023 at 1:30 p.m. in Department CX103 so that Plaintiffs may address the issues identified below. Counsel must file supplemental papers addressing the Court's concerns (not fully revised papers that would have to be reread) no l...

Excerpt: ..."New West"), foundation sub J.R. Riesberg Construction, Inc. ("Riesberg"), concrete subdrainage sub Spectrum Concrete, Inc. ("Spectrum"), landscaping sub Curran and Associates ("Curran"), utilities sub Mike Kilbride, Ltd. ("Kilbride"), and geotechnical engineer Coast Geotechnical, Inc. ("Coast"). The two Plaintiffs and eight defendants remained the primary parties until August 2021. On August 25, 2021, New West filed "Doe" amendments to its indem...

Excerpt: ...eponderance of the evidence that: (1) the parties entered into a written agreement to arbitrate; (2) one or more of the claims at issue are covered by that agreement; and (3) the responding party refused a prior demand for arbitration under the agreement of the claims at issue. (Code Civ. Proc., 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to pr...

Excerpt: ...ly if it expressly finds facts that establish certain enumerated factors. (CRC 2.550(d).) Included among these findings is the existence of an overriding interest that overcomes the public right to access and a substantial probability that interest will be prejudiced by exposure. (CRC 2.550(d)). An order granting a motion to seal must include the specific facts, which support these findings. (CRC 2.550(e)). A Motion to Seal "must be accompanied b...

Excerpt: ...the resumed trial dates in October 2022; and (2) Error in law, occurring at the trial based on the granting of Defendants' Motion in Limine Number 2, to [preclude] Daniel Martinez from testifying. FACTUAL BACKGROUND This is a construction defect matter arising out of the sale of a residence in Laguna Beach, CA (the “Property”). The action was initiated on 03-10-17 and the operative complaint is the Second Amended Complaint. Plaintiff alleges ...

Excerpt: ...ant answered on 08-30-21. The FAC (ROA 13) was first filed 09-28-21. It was rejected by the clerk's office because it was filed after the answer. (ROA 14.) The Court ordered the FAC (ROA 13) stricken on 07-26-22 (ROA 58). Plaintiff filed the FAC the same day. (ROA 61.) A demurrer was recently withdrawn by Defendant upon realizing the FAC was not the operative complaint. This hearing was scheduled for 02-03-23 and a tentative ruling denied the mot...

Excerpt: ...agnostics, LLC, John Kang, and Ricardo Salas (“Defendants”) REQUEST: Plaintiffs seek orders compelling Defendants to produce for deposition, and for monetary sanctions, Defendants (1) Inspire Diagnostics, LLC's Person Most Knowledgeable ($4,827.40), (2) John Kang ($4,680.35), and (3) Ricardo Salas ($3,810). Monetary sanctions are sought against Defendant Inspire Diagnostics, LLC and its attorney of record, Douglas R. MacLeith at Rogers, MacLe...

Excerpt: ...fornia” RESOLVED. (¶ 4.) ISSUE: the applicant fails to state he “is not regularly engaged in substantial business, professional, or other activities in California.” RESOLVED. (¶ 5.) RULING: Defendant Dealer Loyalty Protection, Inc.'s Application by Jason S. Nunnermacker for approval to appear Pro Hac Vice is GRANTED. The supplemental declaration has addressed the deficiencies identified by the Court (ROA 82) and the application now compli...

Excerpt: ...ctionally has a headless class (plaintiff Barrios is no longer in communication with his counsel). The court previously stayed this action pending the hearing on the Motion to Compel Arbitration, except as to Plaintiff's Motion for an Order that Notice be Sent to All Potential Class Members to Locate a Suitable Class Representative. (ROA 81). On 1/10/22, the court granted an order allowing Plaintiff's counsel, through a third party administrator,...

Excerpt: ...nation in violation of public policy. The operative complaint is the FAC, filed 01-14-20, which asserts the following nine causes of action: 1. Labor Code § 1102.5 Retaliation; 2. Labor Code § 98.6 Retaliation; 3. Wrongful Discharge in Violation of Public Policy; 4. Failure to Reimburse and Indemnify for Expenditures 5. Failure to Provide Rest Periods or Compensation in Lieu Thereof in Violation of Labor Code § 226.7 6. Unpaid Wages and Failur...

Excerpt: ...tion filed on 02-16-21 against Defendant Gold Coast Bakeries, LLC. The present action is a wage and hour class action filed 01-31-22 against Defendant Gold Coast Baking Company, Inc. While Defense Counsel filed a Declaration correcting a prior error in the original Motion regarding the name of the Defendant in the Gonzalez Action (Declaration of Omar M. Aniff In Support of Defendant's Reply To Opposition To Motion To Stay, filed 2/16/23), paragra...

Excerpt: ...0048300), “The HCR Action” (OCSC Case 2017- 00929218), and “The Devine Action” (OCSC Case 2017- 00936368). The HCR Action and the Devine Action are complex cases that involve two separate Plaintiffs (HCR Moorpark Investors, LLC and Faith Devine) who are suing real estate developer brothers, Alfred Baldwin and James Baldwin, and a host of affiliated entities and individuals. The HCR and Devine Actions involve a long and convoluted sequence...

Excerpt: ... FACTS/OVERVIEW: This is a consolidated action involving two cases. The operative pleading captioned Gainquick v. JTH Holdings is the verified 4AC (ROA 2057), which alleges: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) negligence; and (5) aiding and abetting slander of title. The operative pleading captioned Gainquick v. Val-Chris is also a verified 4AC (ROA 399), which alleges the same cause of action concerning dif...

Excerpt: ...th Law Firm, Inc. (2022) 73 Cal.App.5th 764, 773.) This is precisely what the City has done here. Contrary to plaintiffs Santa Ana Police Officers Association and Gerry Serrano's (together, “plaintiffs”) contentions, California Rule of Court 3.1700 has no application here. Rule 3.1700 provides a 15-day deadline for a memorandum of costs following the entry of judgment. This action remains pending between plaintiffs and the City; no judgment b...

Excerpt: ...D as to Paragraph 4, lines 18-19, and Paragraph 5, lines 22-26 in that Ms. McDonald has laid no foundation to enable her to state that it is Plaintiff's signature that is on the stated documents. Defendant's Objections to Plaintiff's statements are OVERRULED as these statements go to Plaintiff's state of mind. Guzman's Testimony Guzman is Defendant's Executive Director of its facility called “Arbor Place” and interim Executive Director of its...

Excerpt: ...aused the landslide. Phase 1 (liability) is set for trial 06-05-23. MP: Cross-Defendant/Cross-Complainant Flatiron West, Inc. REQUEST: Exclusion or limitation of testimony by JL Kids' retained expert, Glen Tofani, to cure the prejudice that has resulted from JL Kids' failure to comply with the Court's order to timely exchange expert witness reports. The Motion is joined by Defendants/Cross-Defendants/Cross-Complainants Orange County Transportatio...

Excerpt: ...1) the drafting or the terms of the Environmental Indemnification Agreement and (2) the costs/payments related to or submitted/made under the Environmental Indemnification Agreement. FACTS/OVERVIEW: Relevant here, the parties agreed not to prepare privilege logs regarding attorney-client communications, but now FFIC wants a privilege log. The back and forth correspondence has been fruitless. RULING: Defendant Fireman's Fund Insurance Company's Mo...

Excerpt: ...wages upon termination, wages statements, accurate records, reimbursement, § 17200, and PAGA. On 07-26-19, the Court granted Defendant Volt Management Corp's and Defendant Pegatron Technology Service Inc.'s separate motions to compel arbitration and stayed Plaintiff's PAGA claims pending the outcome of the arbitration. Relevant here, the Court found the parties entered into a binding and enforceable arbitration agreement, the FAA governs the agr...

Excerpt: ...be stayed pending completion of the arbitration and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. As an initial matter, Defendants assert the motion is unopposed due to Plaintiff's defective service of the opposition. Defendants assert prejudice in that they were permitted less than the statutory time to prepare their Reply. Given Defendants' Reply on the merits, the Court will treat this ...

Excerpt: ...to permit inspection of records, and violations of the UCL. No party filed a motion to compel arbitration. There is no order for staged discovery or a discovery stipulation. RULING: Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns: 1. Are there any other class or other representative action in any other court (state or federal) that asserts claims similar to t...

Excerpt: ...tion of the Court's July 12, 2022 Order and the October 1, 2021 Preliminary Injunction Order. FACTS/OVERVIEW: This is a trade secret misappropriation case. The operative complaint is the Fourth Amended Complaint, in which Plaintiff asserts the following causes of action: (1) Conversion; (2) Interference with Prospective Economic Advantage; (3) Unfair Competition; (4) Breach of Fiduciary Duty; (5) Breach of Non-Disclosure Agreement; (6) Breach of ...

Excerpt: ...ourt's Order and provide the requested electronic equipment to Plaintiff's counsel within forty-five days of this Court's Order. Additionally, the Court grants sanctions against Defendant Medolac only. However, the award is reduced. Over twenty-seven hours for a 12-page discovery motion (absent the notice and tables) with no separate statement is far too high for a senior attorney. Further, “future” attorney's fees are not available under the...

Excerpt: ...281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Me...

Excerpt: ...lacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Mediation an...

Excerpt: ...�) to go forward on December 21, 2022. (ROA 451.) Per representations in the Reply brief, the deposition went forward as scheduled. (ROA 542, Reply, p. 3:4-5.) The Court therefore denies the motion to compel the deposition of EB11's PMQ on the grounds that it is moot. Plaintiffs' Reply consists of pointing out the alleged faults and errors in Dr. Tooma's deposition. As Dr. Tooma has already appeared for deposition, Plaintiffs must file a differen...

Excerpt: ...ent of the claims at issue. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Plaintiff contends the Agreement is unconscionable. For an arbitration agreement to be unenforceable, it must be both...

Excerpt: ...� 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) For an arbitration agreement to be unenforceable, it must be both procedurally and substantively unconscionable. (A&M Produce Co. v. FMC Corp. (1982) 135 Cal. App. ...