Judge Earl H. Maas III: Comprehensive Profile - Analytics, Rulings, and Recent Cases

The motion of Jack Perko to be relieved as counsel for Plaintiff Yolanda Underwood is granted. Counsel is relieved upon the filing of a proof of service of the Court's signed order upon Plaintiff.

Plaintiff's motion for relief from orders deeming matters admitted is granted. Pursuant to CCP § 2033.300(b), the court may permit withdrawal an admission only if it determines that "the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission w...

Defendants' demurrer to the complaint is overruled as moot in light of the filing of first amended complaint on 8/27/21. CCP § 472.

Defendant's motion to dismiss the complaint is granted.

The complaint is dismissed without prejudice as to Plaintiff Pedro Barrera for failure to substitute a personal representative. San Diego Superior Court Rules, Rule 2.5.3.

The complaint is dismissed without prejudice as to Plaintiff Ca...

Plaintiff's unopposed to confirm arbitration award as to Defendants Alta CA Consulting Group, LLC and Christopher Broomwell is granted. Plaintiff shall submit a proposed judgment by 9/13/21. This ruling is dispositive of action as to Defendants Alta CA Consulting Group, LLC and Christopher Broomwell.

Defendant's motion for order compelling compliance with 10/30/20 order is denied without prejudice and may be renewed if the arbitration is terminated by AAA. The Court notes there are numerous options available to moving party through AAA to avoid dismissal.

Petitioner's motion to compel arbitration and stay action is granted. The action is stayed pending arbitration.

Arbitration shall be completed by March 2, 2022. San Diego Superior Court Rules, Rule 2.4.3. An OSC why case should not be dismissed is set for April 1, 2022, 10:30 a.m., Department 28.

Plaintiff's motion to compel further responses to requests for admission is granted. Defendant's objections of overbroad and calls for legal conclusion lack merit. To the extent that Defendants base their inability to respond based on such objections, the response is improper. In Defendant's further supple...

The motion of Defendant Dovi Jacobs for leave to file a late cross-complaint is granted. CCP § 426.50 permits the filing of a compulsory cross-complaint as follows: "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, n...

Plaintiff's motion to compel further responses to special interrogatories is denied. Defendant's objections based on relevancy, overbroad and compound are sustained as to special interrogatories 15 and 17.

Plaintiffs' unopposed motion for final approval of class action settlement is granted in part. The Court finds that the settlement is fair, reasonable and adequate but attorney fees are not reasonable in amount.

Plaintiff seeks attorney's fees based on the common fund doctrine. "[W]hen an attorney ...

The application of Joseph A. Fried for admission to practice pro hac vice is granted. Counsel is reminded that an attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual re...

Defendant's motion to stay is granted. CCP § § 410.30 and 418.10.

The parties' agreement is governed by a forum selection clause. A forum-selection clause is presumed to be valid and will be enforced unless the plaintiff can overcome the heavy burden of showing that enforcement would be unreasona...

To hear.

Defendant's motion for leave to file a first amended answer is granted. The Court's discretion must be exercised liberally to permit amendments. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486. If a motion is timely made and the granting of the motion will not prejudice the opposing party, it is error fo...

The unopposed motion of Petitioner Swift Financial, LLC for attorney's fees is granted. Petitioner is awarded reasonable attorney's fees in the amount of $2,882.50. Civil Code § 1717(a).

Plaintiff's motion to compel discovery is ordered off calendar in light of the Court's 8/13/21 order staying this action.

Plaintiffs' unopposed motion for final approval of class action settlement is granted. The Court finds that the settlement is fair, reasonable and adequate.

The unopposed motion of Defendant Community Resource Center to compel the deposition of Plaintiff is granted. Plaintiff shall appear for deposition no later than 9/4/21 via Zoom videoconference.

Plaintiffs' unopposed demurrer to the sixth cause of action for conversion of the cross-complaint is sustained without leave to amend. "[N]o precedential decision of any California court to date has authorized a conversion claim based on the nonpayment of wages." Voris v. Lampert (2019) 7 Cal.5th 1141, 114...

The petition of Tanner 221 LLC for approval of transfer of structured settlement payment rights belonging to Yvette Delim is denied without prejudice. The Court is unable to determine whether the transfer is fair, reasonable, and in the payee's best interest. The Court is troubled that future payments, wit...

Defendant's demurrer is overruled. While the Court recognizes the distinction between accepting the allegations as true, and determining whether those allegation suffice to establish reliance, the Court defers the analysis to the anticipated factual motion to be filed after further discovery. The defense r...

Plaintiff's motion to compel is granted. Even if Defendant's assertions are correct, this does not relieve it of responding to discovery which "may lead to the discovery of admissible evidence". The Court takes no position on whether such discovery responses will be admissible at trial.

The motion of Defendants California Orthopaedic Institute of Medical Associates, Inc. and Kevin Rainey for terminating sanctions is denied. Plaintiff has filed proofs of service stating that responses to the form interrogatories, special interrogatories and requests for admission have been served. As for t...