Judge Roger M. Beauchesne: Professional Background and Legal Expertise

Defendants Pacific Material Handling Solutions Inc’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication – DROPPED, as MOOT in view of the moving party’s dismissal from the action on 10-18-19.
CV-19-004066 – SIANEZ, LARISSA VS. EMPLOYMENT DEVELOPMENT DEPARTMENT - a) Defendant Employ...

Plaintiff’s Motion for a Protective Order and Request for Sanctions – GRANTED, in part.
Based on the totality of the circumstances set forth in the moving papers, the Court finds that Plaintiffs have demonstrated good cause for issuance of a protective order extending their time to respond to the subjec...

Defendants’ Motion for Leave to File Cross-Complaint – GRANTED.
The Court finds that Defendants have established entitlement to the requested relief. (Code Civ. Proc. §§426.50, 428.50(c).)

Plaintiff’s Motion for Order Setting Aside Dismissal and Set Case for Trial – DENIED, without prejudice.
The proof of service demonstrates that the motion was served with only 14 court days’ notice, which is insufficient pursuant to Code Civ. Proc. §1005(b).
In addition, the Court notes that the moti...

Defendant/Cross-Complainant’s Motion for Order Granting Leave to Amend Cross-Complaint – HEARING REQUIRED.

Cross-Defendant American Engineering Contractors dba Budget Electric’s Motion for Determination of Good Faith Settlement – GRANTED, and unopposed.
The Court finds the subject settlement was entered in good faith and within the meaning of Code Civ. Proc. §877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde ...

Plaintiff’s Motion for Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to CCP 664.6 – GRANTED, and unopposed.
Based on the moving papers, the Court finds that it retains jurisdiction to enforce the settlement pursuant to Code Civ. Proc. §664.6. The moving papers demonstrate tha...

Defendant’s Motion for Leave to File Cross-Complaint – DEFERRED, until further notice of the Court and/or substitution of Plaintiffs’ counsel.
The Court notes and recognizes the issues regarding Plaintiffs’ counsel and makes the above ruling on that basis.

a) Defendant/Cross-Complainant’s Motion for Assignment and Restraining Orders; b) Klair Real Estate Inc’s Motion of Application for Exemptions from Enforcement of a Money Judgment CCP 708.550 – HEARING REQUIRED.
These matters have been set for evidentiary hearing, per the Court’s order on 10-8-19.
CV...

a) Plaintiff’s Motion for Final Approval of Class Action Settlement; b) Plaintiff’s Motion for Attorneys’ Fees, Costs, and Service Payment –
The Court is inclined to GRANT the motions; however, a hearing is required in the event there are class members who wish to attend. Based on the papers submitted, ...

Plaintiff’s Motion to Continue Jury Trial Date – HEARING REQUIRED.
Based on the information presented, the Court is inclined to GRANT the motion and to continue the matter for 60-90 days as requested in the moving papers. Therefore, Counsel shall appear prepared to select new dates for Mandatory Settlem...

a) Defendant/Cross-Complainant’s Motion for Order Granting Leave to Amend Cross-Complaint Cause of Actions; b) Defendant/Cross-Complainant’s Motion for Preference – a) GRANTED, in part; denied, in part.
The Court finds that matters set forth in the proposed Fourth Amended Cross-Complaint meet the libera...

(a) Plaintiff’s Motion to Compel Inspection; (b) Plaintiff’s Motion to Compel Attendance and Testimony of Person Most Qualified and for Monetary Sanctions – Both motions are DROPPED at the request of moving party pursuant to a telephone call to the Clerk’s Office on 11/12/19.

Defendant/Cross-Complainant’s Motion for Preference – CONTINUED, on the Court’s own motion, to November 15, 2019 at 8:30 a.m. in Department 24 for hearing concurrently with another motion set for hearing on that date.
CV-19-001857 – CITIBANK, N.A. VS. SHORT, KATHERINE F – Plaintiff’s Motion for Order th...

Plaintiffs’ Motion for Final Approval of Class Action Settlement and Approval of Applications for Attorneys’ Fees, Costs, and Class Representative Service Payment – HEARING REQUIRED.
The Court is inclined to GRANT the motion; however, a hearing is required in the event there are class members who wish t...

a) Plaintiffs’ Unopposed Motion for Final Approval of Class Action Settlement – HEARING REQUIRED; b) Plaintiffs’ Unopposed Motion for Attorneys’ Fees and Costs – HEARING REQUIRED.
The Court is inclined to GRANT both motions; however, a hearing is required in the event there are class members who wish to...

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement – GRANTED.
The Court finds the proposed settlement is within the range or reasonableness and deemed to be presumptively valid, subject to any objections that may be heard at the final fairness hearing and final approval by this Court...

Defendant’s Motion to Dismiss for Failure to File First Amended Complaint and Failure to Prosecute – GRANTED, and unopposed.
Plaintiff has failed to file either an amended complaint or a motion for leave to file an amended complaint as ordered by the Court on 4-10-18 and 5-14-19. Therefore, Defendant is...

Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication – DROPPED, as MOOT in view of Plaintiff’s dismissal of the action.
CV-19-004066 – SIANEZ, LARISSA VS. EMPLOYMENT DEVELOPMENT DEPARTMENT – a) Defendant’s Demurrer to Verified Complaint for Damages; b) Defendant’s Motion ...

a) Defendant/Cross-Complainant’s Motion for Assignment and Restraining Orders – HEARING REQUIRED;
b) Defendant/Cross-Complainant’s Motion for Attorney’s Fees after Judgment – GRANTED, and unopposed.
Based on the moving papers and the evidence submitted by the Defendant/Cross-Complainant, the Court fi...

Cross-Defendant’s Motion to Deem Requests for Admission Admitted – DENIED.
The motion cites no authority establishing the propriety of requests for admission directed to Plaintiff by Cross-Defendant herein. While the subject discovery may be served on “any other party to the action” (Code Civ. Proc. §20...

Plaintiff’s Motion for Order Quashing Subpoena – DROPPED, as MOOT.
The parties have advised the Court that the subject subpoena has been withdrawn.

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement – HEARING REQUIRED.
Courts have broad powers to protect class members from collusive and fraudulent practices by class counsel, particularly in regulating attorney fees and ensuring that class counsel are acting in the best interest ...

Petition for Writ of Mandate and Hearing on Complaint for Declaratory and Injunctive Relief – DENIED, as moot.
The Court finds that events occurring after the institution of this action have eliminated the existence of an actual controversy capable of the Court’s determination. Specifically, the repeal ...