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Location: San Bernardino x
Judge: Cohn, David S26 x
2023.06.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 063
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.07
Excerpt: ...ited Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...
2023.06.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 056
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.07
Excerpt: ...te and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of...
2023.06.06 Motion for Protective Order 887
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.06
Excerpt: ...t restate counsel's preexisting obligations and responsibilities; even without a protective order, counsel is obligated (1) to limit questions to the listed topics for the PMQ deposition, (2) to refrain from ad hominem commentary and sarcasm, and (3) to avoid repetitive questioning. A protective order stating those limitations would simply repeat the limitations already imposed by the Code of Civil Procedure and the Rules of Professional Conduct....
2023.06.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 568
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.06
Excerpt: ...ted Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of disco...
2023.06.02 Motion to Reopen Class Certification Proceedings 637
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.02
Excerpt: ... the court re-set the filing deadline for January 31, 2023. Plaintiff did not file the motion or seek relief before expiration of the deadline. Instead, on February 3, 2023, plaintiff filed an ex parte application to extend the filing date nunc pro tunc. On February 5, 2023, the court denied ex parte relief, but reserved a hearing date of April 20, 2023, for a moton. The hearing was subsequently continued to June 2, 2023. How plaintiff's counsel ...
2023.06.02 Motion to Disqualify Counsel 994
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.02
Excerpt: ...stantially related matter whose interests are materially adverse to the former client unless written consent is provided. In actions where the potential conflict arises from successive representations of clients with potential adverse interest, the chief fiduciary value in jeopardy is the client's confidentiality. (Flatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275, 283.) Disqualifying an attorney for undertaking a representation adverse to a ...
2023.06.01 Petition for Writ of Mandate 054
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.01
Excerpt: ...ndate under Code of Civil Procedure section 1091.4 compelling the County to remove his name. This court exercises its independent judgment in reviewing the administrative decision. (Gonzalez v. Santa Clara County Dept. of Social Services (2014) 223 Cal.App.4th 72, 84; Saraswati v. County of San Diego (2011) 202 Cal.App.4th 917, 928.) In applying the "independent judgment" standard of review, the court must determine whether the weight of the evid...
2023.06.01 Motion for Final Approval of Class Action and PAGA Settlement 464
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.06.01
Excerpt: ...) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the stage o...
2023.05.31 Motion for Preliminary Approval of Class Action Settlement 415
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.31
Excerpt: ...l, Inc. (2008) 168 cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, t...
2023.05.31 Motion for Final Approval of Class Action Settlement 174
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.31
Excerpt: ...pp.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in set...
2023.05.31 Motion for Final Approval of Class Action and PAGA Settlement 256
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.31
Excerpt: ... has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and...
2023.05.30 Motion for Attorney Fees 283
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.30
Excerpt: ... of fees and costs, as the plaintiff must post an appropriate appeal bond or undertaking or petition for writ of supersedeas to stay enforcement. (Dowling v. Zimmerman 85 Cal.App.4th 14CL) Thus this case is not different from any other case where a party obtains a judgment, the losing party files and appeal, and the judgment is stayed pending the appeal only if a bond is posted. Out of State Lawyer The ability to recover fees incurred by an out-o...
2023.05.30 Motion for Final Approval of Class Action and PAGA Settlement 866
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.30
Excerpt: ... Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the ext...
2023.05.26 Motion for Final Approval of Class Action Settlement 228
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.26
Excerpt: ...h 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceeding...
2023.05.25 Motion to Compel Arbitration 745
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.25
Excerpt: ...142 S.Ct. 1905. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual" components. In the Viking River lexicon, an "individual" PAGA cla...
2023.05.25 Motion for Final Approval of Class Action Settlements 658
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.25
Excerpt: ...pp.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proc...
2023.05.25 Motion for Final Approval of Class Action and PAGA Settlement 481
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.25
Excerpt: ...ngeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and...
2023.05.24 Motion to Strike 837
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.24
Excerpt: ..., yet plaintiff's employment terminated in May 2021 (Complaint 14). The motion to strike—which the court treats as a demurrer or motion for judgment on the pleadings—is brought on the ground that plaintiff lacks standing and is therefore granted. Leave to amend, however, is granted, either to substitute a new class representative or to change the definition of the class so that plaintiff falls within it. ...8 Plaintiff has amended the complai...
2023.05.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 837
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.24
Excerpt: ...ed Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discov...
2023.05.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 045
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.24
Excerpt: ...The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (21W6) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class acton status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experi...
2023.05.22 Motion for Final Approval of Class Action Settlement 682
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.22
Excerpt: ...2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the sta...
2023.05.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 408
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.19
Excerpt: ...Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' ...
2023.05.18 Motion to Compel Arbitration, to Compel Non-Binding Mediation, to Strike Class Allegations, Dismiss or Stay PAGA Claims 967
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.18
Excerpt: ...rator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. (3) The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore striken. (4) It is premature to decide whether the non-individual PAGA claims should ...
2023.05.17 Motion to Compel Further Responses, to Dissolve Preliminary Injunction and Stay Order 853
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.17
Excerpt: ...e second amended complaint, the requests fell within the broad scope of permissible discovery. Hazmat argues that the court ordered responses without objection, but Hazmat appears to concede that specific objections of attorney-client privilege, attorney workproduct, and official information privilege were subject to further responses in the form of privilege logs. But whether Hazmat concedes it or not, it would have been improper for the court a...
2023.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 788
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.05.16
Excerpt: ...ail, Inc. (2008) 168 cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial,...

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