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1336 Results

Location: Stanislaus x
2022.05.03 Motion for Final Approval of Class Action and PAGA Settlement 629
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.05.03
Excerpt: ...ion for final approval of the settlement. The gross settlement amount (“GSA”) is $225,000.00, which is intended to cover 149 class members. This represents an average payout of just under $800.00. This is a non‐reversionary settlement (meaning nothing goes back to the defendant). Based on the whole of the record, this Court concludes that the gross settlement amount is fair and reasonable in light of the pertinent factors to consider. See J...
2022.04.29 Motion to Bifurcate 049
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.04.29
Excerpt: ...ty as to the order of trials unhelpful. The U.S. Constitutional right to a jury trial and the California Constitutional right to a jury trial have been applied and interpreted differently. In California, there is a “preference for the trial of equitable issues before legal issues” which often produces a bench resolution that forecloses any legal claims. (Hoopes v. Dolan (2008) 168 Cal.App.4th 146, 156‐157; see also, Raedeke v. Gibraltar Sav...
2022.04.29 Motion for Terminating Sanctions 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.29
Excerpt: ... WITHOUT PREJUDICE. Although the underlying motions to compel were served upon defendant personally, notice of this Court's 12/10/21 order was only served upon defense counsel (who had just emerged from suspension). The current motion for terminating sanctions was also served only on defense counsel, despite his 11/29/21 declaration indicating that he had COVID, his secretary died from COVID, and his office was – to put it politely – in shamb...
2022.04.28 Motion to Compel Further Responses, for Monetary Sanctions 151
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.28
Excerpt: ...rogatories, Set Two Propounded on Plaintiff Raven Sharp and Request for Monetary Sanctions – This is a business dispute between putative partners in a marijuana dispensary, with a sprinkling of alleged attorney self‐dealing. Before the Court this day are three defense motions seeking orders compelling further responses to special interrogatories and requests for production of documents (the motion set for 04/28/22 is included herewith). At is...
2022.04.28 Motion for Reconsideration 032
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.28
Excerpt: ...der barring defendants from selling the property before plaintiff's right to purchase can be fully vetted on the merits. Within 10 days after service of a written notice of entry of an order, an aggrieved party may make a motion to reconsider the order based upon new or different facts, circumstances, or law. CCP §1008(a). The moving party must demonstrate something new or different for the court to consider, and a satisfactory explanation for n...
2022.04.27 Motion to Enforce Offer to Compromise, for Attorney Fees 277
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.04.27
Excerpt: ... pay‐by date. b) GRANTED, as modified, in the total amount of $75,000. Plaintiff seeks base fees of $91,548.50 plus costs of $1,449.27 for costs and fees incurred through February 28, 2022, plus anticipated fees and costs through the date of the instant hearing. The Civ. Proc. §998 Offer, however, limited the costs and fees through the date of the Offer, which was June 11, 2021. The Motion to Enforce is not opposed by the Defendants. Defendant...
2022.04.27 Motion to Compel Further Responses, for Discovery Sanctions 451
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.04.27
Excerpt: ...t Defendant failed to comply with his own promised deadline for service of substantive amended responses within one week of the Court's ruling denying the arbitration motion. Moreover, Defendant acknowledges that the partial amended responses he provided have not been verified. Unverified responses are tantamount to no response at all. (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) Therefore, all objections have been waived a...
2022.04.26 Motion to Compel Deposition, for Sanctions 378
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.04.26
Excerpt: ... Request for Sanctions in the Sum of $1,050 ‐ DROPPED, at the request of the moving party. (a) Based on the Joint Status Statement submitted on 4‐15‐22, the Court recognizes that the dispute with regard to Mr. Broussard's deposition has now been resolved and only the issue of Mr. Crenshaw's deposition remains at issue in the instant motion. Plaintiff has demonstrated that the subject deposition was properly noticed pursuant to the requireme...
2022.04.22 Motion for Final Approval of Class Action Settlement, for Attorney Fees 277
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.22
Excerpt: ... Before the Court this day is the hearing on plaintiff's application for final approval of the settlement. The gross settlement amount (“GSA”) is $925,000.00, which is intended to cover 2,469 class members. This is a non‐reversionary settlement (meaning nothing goes back to the defendant). Based on the whole of the record, this Court concludes that the gross settlement amount is fair and reasonable in light of the pertinent factors to consi...
2022.04.21 Motion to Deem Facts Admitted, for Monetary Sanctions 418
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.04.21
Excerpt: ...�778.). The matters contained in Request for Admissions, Set One, are deemed admitted. The Court further finds that Defendants are entitled to an award of monetary sanctions in connection with Plaintiff's failure to respond to the subject discovery. (Code Civ. Proc. §§2033.280(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendants are awarded monetary sanctions in the amount of $230 against Plaintiff and her att...
2022.04.20 Motion to Compel Responses, for Sanctions165
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.04.20
Excerpt: ... Esq. and Hinshaw & Culberston LLP – GRANTED; c) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things; Request for Sanctions in the amount of $1,100.00 against Defendant David Greer and his Attorney of Record Attorney Bradley M. Zamczyk, Esq. and Hinshaw & Culbertson LLP – GRANTED; d) Plaintiff's Motion to have Request for Admissions Deemed Admitted or in the Alternative for an Order Compelling Answers; Requ...
2022.04.20 Motion for Summary Judgment, Adjudication 901
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.04.20
Excerpt: ...lement to judgment on the Plaintiffs' Complaint. Specifically, Defendant's evidence demonstrates that liability is barred by the immunity provisions of Gov. Code §831.8 and that Defendant did not own or control the subject drain, roadway, or the shoulder separating the two. The burden then shifts to Plaintiffs to demonstrate the existence of disputed issues of material fact that defeat judgment in Defendant's favor. While Plaintiffs have provide...
2022.04.19 Motion for Preliminary Approval of Class Action Settlement and Provisional Class Certification for Settlement Purposes Only 020
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.19
Excerpt: ...sel, class representative, third‐party administrator), preliminary approval of settlement, and approval of a PAGA portion. Since the last hearing, plaintiff has addressed the concerns raised by this Court, including payment of the $75 filing fee per § 2699.3(a)(1)(B), submission of the actual proposed settlement to the LWDA per §2699(l)(3), and provision of a conformed copy of the complaint to the LWDA within 10 days of filing per §2699(l)(1...
2022.04.19 Motion for Approval of PAGA Representative Action Settlement 057
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.19
Excerpt: ...ice staff in failing to provide a conformed copy of the complaint to the LWDA within 10 days of filing per §2699(l)(1). This Court will forgive the error since no prejudice is shown. Plaintiff has provided the requested information supporting the request for reimbursement of litigation costs, as well as a declaration from plaintiff supporting his request for an enhancement. Since plaintiff actually attended the mediation, his request for $7,500....
2022.04.14 Motion to Compel Production of Unredacted Medical Records 081
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.14
Excerpt: ...y “first look” at the records and authority to redact as warranted. The motion is in essence a CCP §1008 request for reconsideration of that 06/08/21 order, and shall be viewed as such. A motion for reconsideration is only timely if presented “within 10 days after service upon the party of written notice of entry of the order,” subject to challenge. CCP §1008(a). There is no notice of entry in this Court's registry, and no evidence of a...
2022.04.14 Demurrer 765
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.14
Excerpt: ...pposed demurrer to plaintiff's complaint, which does not effectively state any cause of action. The demurrer is SUSTAINED with 20 days leave to amend. Injunctive relief is not itself a cause of action, but rather a remedy attendant a properly‐framed substantive claim. Department of Fair Employment and Housing v. Superior Court (2020) 54 Cal.App.5th 356, 384‐ 385. The pleading here might be one for declaratory relief pursuant to CCP §1060, or...
2022.04.13 Motion to Strike 779
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.04.13
Excerpt: ...e Court notes that even if this were not a wrongful death case, the allegations that Ms. Morgan drove “with a measurable amount of alcohol” in her system are insufficent. A measurable amount of alcohol could be 0.01%, which would not constitute the sort of behavior that merits punitive damages. ...
2022.04.13 Motion to be Relieved as Counsel 308
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.13
Excerpt: ...ed. While this was previously sufficient inandof itself to seek withdrawal, the current rule requires counsel to “given the client a reasonable warning after the breach that the lawyer will withdraw unless the client fulfills the agreement or performs the obligation.” Compare CRPC 3‐700(C)(1)(f) with CRPC Rule 1.16(b)(5). There is no statement regarding client consent or proposed order with the motion. See CRC 3.1362(c) and (e). Motion DENI...
2022.04.12 Motion to Strike Claims for Punitive Damages, Special Motion to Strike 732
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.12
Excerpt: ... Motion to Strike Portions of First Amended Complaint; e) DMC Defendants' Demurrer to First Amended Complaint; f) Hospitalists of Modesto Medical Group Inc., Arun Monoharan MD, and Li Huang, MD's Demurrer to Plaintiff's First Amended Complaint – This is a business dispute between an oncologist and the hospital with which is works. The operative pleading is the First Amended Complaint filed 11/15/21, which includes eight (8) causes of action aga...
2022.04.12 Motion for Summary Judgment, Adjudication 391
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.12
Excerpt: ...ng the principal record of transactions between a debtor and creditor arising out of a contractual relationship between the two. CCP §337a. Defendant filed an answer denying all allegations of wrongdoing, and asserting a number of defenses to the debt – including at its core that she did not request or “accept” the credit card. There is no opposition filed to the motion. The moving papers do appear to have been mail ‐served on defense co...
2022.04.12 Demurrer 763
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.12
Excerpt: ...nopposed demurrer to plaintiff's pleading, which defendant describes as a disguised writ of mandate. The demurrer is SUSTAINED with 20 days leave to amend. Injunctive relief is not itself a cause of action, but rather a remedy attendant a properly‐framed substantive claim. Department of Fair Employment and Housing v. Superior Court (2020) 54 Cal.App.5th 356, 384‐385. The pleading here might be one for declaratory relief pursuant to CCP §1060...
2022.04.08 Motion to Set Aside Default, Judgment 916
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.08
Excerpt: ...y be set aside on grounds implicating the validity of the sister‐state judgment (CCP §1710.40), and CCP §473.5 is generally inapplicable to motions attacking domestication of a sister‐state judgment. See Conseco Marketing, LLC v. IFA & Insurance Services, Inc. (2013) 221 Cal.App.4th 831, 844; Airlines Reporting Corp. v. Renda (2009) 177 Cal.App.4th 14, 21. However, before drilling down into the merits, this Court notes that there is no proo...
2022.04.08 Demurrer to Abate or Motion to Stay 561
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.08
Excerpt: ...7 (hereinafter “Pena”). Pena is a class action lawsuit against the same defendant, based on the same wage/hour violations. A PAGA cause of action was added to that case on 01/07/22. The case at bar is not a class action, but instead a straight PAGA action. The case at bar was filed 12/07/21 – after Pena was commenced but before the PAGA cause of action was added. Courts wrestling with this issue have looked to pleas in abatement, the policy...
2022.04.07 Special Motion to Strike (Anti-SLAPP) 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.07
Excerpt: ...successful Vietnamese farmers), Harpreet Dhaliwal (gas station operations), and Amanda Bui (attorney and investment advisor). The “defendant group” includes Nirmal Singh (successful businessman), his long‐standing attorneys, and various persons/entities associated with his business. Before the Court this day is the continued hearing on defendants' special motion to strike seven of the eight causes of action in the Master Complaint. As previ...
2022.04.07 Motion to Strike FAC, Demurrer 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.04.07
Excerpt: ...w regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. The complaint is read as a whole. Material facts properly pleaded are assumed true, but contentions, deductions or conclusions of fact/law are not. In general, a pleading is ade...

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