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CV-24-008960·stanislaus·Civil·Civil
Hearing 3 months agoDENIED without prejudice

RODRIGUEZ, OSCAR vs CUPCAKE BOUTIQUE LLC

Defendant's Motion to Reclassify Action from Unlimited to Limited Civil Jurisdiction

Hearing date
May 21, 2026
Department
24
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffOscar Rodriguez
DefendantCupcake Boutique LLC

Ruling

claim of privilege in connection with a request for document production to permit a judicial evaluation of the claim of privilege. (Hernandez v. Superior Ct., (2003), 112 Cal. App. 4th 285, as modified (Oct. 23, 2003).

A privilege log typically should provide the identity and capacity of all individuals who authored, sent, or received each allegedly privileged document, the document's date, a brief description of the document and its contents or subject matter sufficient to determine whether the privilege applies, and the precise privilege or protection asserted.”(Catalina Island Yacht Club v. Superior Court, supra).

Defendant's privilege log does not meet these requirements and is deficient. Plaintiff makes unsubstantiated claims of the waiver of Defendants attorney client privilege to support a request for the investigative report at issue without providing support for those claims. Therefore, the court cannot presently compel the production of the documents sought in Request for Production No. 116. (Wellpoint Health Networks, Inc. v. Superior Ct., (1997) 59 Cal. App. 4th 110).

Defendant shall provide a further Code compliant privilege log. (Catalina Island Yacht Club v. Superior Court (2015), 242 Cal.App.4th 1116). All further responses shall be provided within ten days of the date of this order. (Civ. Proc. Code Sec. 2031.310).

Based on the Joint Status Report submitted by the parties and the attached correspondence, the Court understands that sanctions are no longer sought by Plaintiff and therefore makes no award regarding monetary sanctions.

CV-24-000171 - HERNANDEZ, JOSE V vs SCHNITZER STEEL INDUSTRIES INC - Final Fairness - HEARING REQUIRED.

Good cause appearing to the satisfaction of the Court, the Court finds the payment to the Class Representative, to the Class Members and the Class Administrator to be appropriate given all relevant factors of the settlement. The Court also finds Class Counsel's attorney's fees and costs to be reasonable and comparable to the award of fees generally issued by California Courts. The Court is therefore inclined to grant final approval of the Class Action Settlement herein.

In accordance with the provisions of Code Civ. Proc. Sec.384, the Court sets a compliance hearing for Friday, December 11, 2026, at 8:30 am in Department 24 to confirm full administration of the settlement. Class counsel shall submit a compliance report no later than five (5) court days before the date of the hearing, which shall include the total amount that was actually paid to the class members pursuant to the subject settlement. At the time of the compliance hearing, the Court shall amend the judgment to direct that the sum of the unpaid funds, plus interest as required by the statute, be distributed as set forth in the Settlement Agreement.

In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Judgment shall be posted on the Settlement Administrator's website for a period of at least 90 days. (Civ. Code Sec.1781(g); Cal. Rules of Ct., rule 3.771(b).

CV-24-008960 - RODRIGUEZ, OSCAR vs CUPCAKE BOUTIQUE LLC - Defendant's Motion to Reclassify Action from Unlimited to Limited Civil Jurisdiction - DENIED, without prejudice.

The Court notes that the motion does not demonstrate proof of service on Plaintiff. (Code of Civil Procedure section 1005) Accordingly, the motion is denied without prejudice.

CV-25-008787 - GHAI, CHARANJIT vs CITY OF CERES CITY COUNCIL - Petitioner's Petition for Writ of Mandate - CONTINUED to June 5, 2026, at 8:30 am in Department 24.

This matter is CONTINUED on the Court's own motion to June 5, 2026, at 8:30 am in Department 24 for further review and consideration. In addition, the Court on its own motion VACATES the Case Management Conference set for May 21, 2026, at 8:30 am in Department 24 and RE-SETS it to June 5, 2026, at 8:30 am in Department 24.

CV-25-012483 - JACKSON, NICHOLAS TYLER vs GEORGE HILLS COMPANY INC - Defendant George Hills' General and Special Demurrer to Plaintiff's First Amended Complaint - SUSTAINED, in part, OVERRULED, in part, with leave to amend

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