Plaintiff's Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Code of Civil Procedure Section 664.6
A neutral inspection of the property shall be conducted to assess structural conditions, termite issues, HVAC condition, and other material maintenance concerns. The parties shall cooperate with reasonable inspection requests and provide access to the property upon reasonable notice. The Court will hear argument regarding whether such preservation measures are appropriate and whether any additional or modified protective orders are necessary pending final resolution of the trust dispute.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-19-006268 - AMERICAN EXPRESS NATIONAL BANK vs MARTINEZ, STEVE - Plaintiff's Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Code of Civil Procedure Section 664.6 - GRANTED, and unopposed. Plaintiff has demonstrated entitlement to judgment pursuant to the terms of the stipulation entered between the parties in October 2020, by which they agreed to the Court's retained jurisdiction to enforce the terms of the settlement herein. Therefore, the motion is granted, the dismissal entered on 10-27-29 is set aside, and judgment shall be entered in Plaintiff's favor for the total amount of $4,739.00, which represents the principal amount of $10,622.50, less $6,373.50 in payments credited to the account, plus total court costs of $490.00. The Court will sign the proposed order and judgment submitted by Plaintiff.
CV-23-001773 - TRAVIS, TYEISHA vs COMMUNITY HOSPICE INC - Plaintiff's Motion for Final Approval of Class Settlement and Award of Attorneys' Fees, Costs and Service Awards - HEARING REQUIRED. Based on the moving papers and supporting evidence, the Court is inclined to GRANT the motion. It appears that proper notice to the settlement class has been given in compliance with the law and as required by the Court's order granting preliminary approval. Having considered the unopposed motion herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code Sec.1781; Code Civ.
Proc. Sec.382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers, as follows:
Fees and costs of Settlement Administrator: $8,750
Payment to Class Representatives: $20,000
PAGA allocation to LWDA (75%) and class members (25%): $50,000
Class Counsel's attorney's fees: $350,500
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Class Counsel's costs: $44,304.85
In accordance with the provisions of Code Civ. Proc. Sec. 384, the Court sets a compliance hearing for April 15, 2027 at 8:30 a.m. in Department 23 to confirm full administration of the settlement. Class counsel shall submit a compliance report no later than 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. Class Counsel shall submit a revised proposed order incorporating the above revisions for the Court's signature.
CV-24-002665 - GERGEES, DORIS vs GENERAL MOTORS LLC - Plaintiff's Motion for Attorneys' Fees and Costs Pursuant to Civil Code Section 1794(D) - CONTINUED, on the Court's own motion, to September 9, 2026 at 8:30 a.m. in Department 23. The Court notes that counsel herein has substantial experience with these types of matters and is presumably well-acquainted with the law governing the determination of reasonable fees and expenses pursuant to the statute. Nevertheless, these types of fee disputes are commonplace and appear to reflect a default pattern of refusing to compromise in favor of "trying their luck" before the court, thus wasting judicial resources in the hopes of obtaining a ruling favoring their side.