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2024.05.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 104
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...l situation should be provided, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. 2. The PAGA release should be separated from the class release. Settlement Agreement ¶ 15. Releases for aggrieved employees other than plaintiff should not release more than the civil penalties available under PAGA based on the facts alleged in the operative complaint and the notice letter(s) ...
2024.05.23 Motion for Leave to File FAC 858
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ... the deleted allegations are located,” and “[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.” Cal. R. Ct. 3.1324(a)(2), (a)(3). A separate decla ration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended...
2024.05.23 Motion for Final Approval of Class Action and PAGA Settlement 487
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...ent agreeme nt (¶¶ 1.18, 5.9) states Individual PAGA Payments are calculated based on Weeks Worked, but the notice (Butler Decl. (ROA 234) Ex. A (box at bottom of page 2)) states Individual PAGA Payments are calculated based on Pay Periods. The Supplemental Beliveau Declaration (ROA 262, ¶ 5) states: “The Individual PAGA Payment was calculated by dividing the number of Individual Weeks Worked by the PAGA Group Member during the PAGA Period b...
2024.05.23 Motion for Approval of PAGA Settlement 697
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...al Hospital and Medical Center and Tenet Healthcare Corporation. ROA 2. On November 12, 2020 plaintiffs filed a first amended complaint. ROA 23. The first amended complaint added two additional plaintiffs (Kristine Michel and Tiffany Indrawan), and two additional causes of action for violation of the Fair Credit Reporting Act and violation of Business & Professions Code section 17200. The class and PAGA claims remained in the first amended co...
2024.05.23 Motion for Approval of PAGA Settlement 673
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...ettlements are sub ject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $1,000,000 PAGA settlement. Th...
2024.05.23 Motion for Approval of PAGA Settlement 209
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ... 986. PAGA settl ements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor 8 law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a PAGA settlement....
2024.05.23 Demurrer to Complaint 834
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.23
Excerpt: ...ns of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegati ons. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 155...
2024.05.16 Motion for Approval of PAGA Settlement 803
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...AGA settlements ar e subject to trial court 4 review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The court has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $125,569.93 PAGA settle...
2024.05.16 Motion for Approval of Class Action and PAGA Settlement 830
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...ce of defen dant's financial situation, including appropriate financial documents such as balance sheets, cash flow statements, and profit and loss statements. any individual claims and excluding any enhancement payment). 3. Paragraph 23(v) of the settlement agreement should be revised to state (i) the parties shall file with the court all disputes submitted by class members, the evidence submitted, and the resolution of the disputes, and (i...
2024.05.16 Motion for Approval of Class Action and PAGA Settlement 069
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.16
Excerpt: ...pport of plai ntiffs' motion for preliminary approval of a class 11 estimated high, low and average PAGA payments, and each plaintiff's anticipated total amount (including any individual claims and excluding any enhancement payment). 2. The class members' release is o verbroad. Settlement Agreement ¶¶ JJ; KK. The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alle...
2024.05.09 Motion for Summary Adjudication 243
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.05.09
Excerpt: ...m. The Ci ty moves for summary adjudication of 18 issues against defendant TIG Insurance Company. The City asserts that TIG has a duty to defend the City in three lawsuits under three TIG policies (No. SSP -37391435 for the period July 1, 1996- July 1, 1997; No. SSP-0037510979- 00 for the period July 1, 1997- July 1, 1998; and No. SSP-0037510979- 02 for the period July 1, 1998- July 1, 1999) (Issue Nos. 1 -9), and that TIG breached that duty (Iss...
2024.04.26 Motion for Final Approval of Class Action and PAGA Settlement 399
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...
2024.04.26 Motion to Compel Arbitration 251
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agr eement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Def...
2024.04.26 Motion for Terminating Sanctions 299
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...
2024.04.26 Motion to Compel Arbitration 470
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.26
Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponde...
2024.04.25 Motion to Dismiss or Stay 166
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...
2024.04.25 Motion to Compel Production of Docs 735
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.25
Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...
2024.04.18 Motion for Final Approval of Class Action and PAGA Settlement 518
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...
2024.04.18 Demurrers 884
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...
2024.04.18 Demurrers 387
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.18
Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...
2024.04.11 Motion to Strike and Tax Costs 375
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ... granting petitioner's writ of administrative mandamus. Judgment (ROA 600). The judgment states petitioner shall recover its costs against the California Department of Insurance as to the petition for writ of administrative mandamus in accordance with Government Cod e section 11523 and Civil Procedure Code sections 1094.5(a) and 1095 in an amount to be determined. Id. Petitioner filed its costs memorandum on September 25, 2023 (ROA 607) seeking ...
2024.04.11 Motion to Stay 078
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...
2024.04.11 Motion to Quash Service of Summons 754
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...
2024.04.11 Motion to Quash Service of Summons 441
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...ns for lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...
2024.04.11 Motion to Compel Arbitration 815
Location: Orange County
Judge: McCormick, Melissa R
Hearing Date: 2024.04.11
Excerpt: ...tion to co mpel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Defendant has carried its burden...

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