Excerpt: ... of action in the C2AC, a third party beneficiary claim brought by Plaintiffs Prime Hospitals. The California Department of Health Care Services (“DHCS”) has entered into a contract with CalOptima to administer Medi-Cal in Orange County. The C2AC refers to this contract as the “DHCS Contract.” (The DHCS Contract (or portions of it) is attached to the C2AC as Exhibit B.) The Prime Hospitals allege they are third party beneficiaries of the ...

Excerpt: ...pposition, the Court finds Polymer80 will not be prejudiced if the Court considers the opposition. The Court has not considered the reply declaration of Germain D. Labat. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) I. Background Polymer80 is one of a number of “ghost gun” part manufacturers sued by Plaintiffs,...

Excerpt: ...periods, which has resulted in a systematic underpayment of separate rest period pay in violation of Labor Code Section 226.2. For the reasons set forth below, Taduran's motion is DENIED. GROUNDS FOR RULING I. Glidewell's Calculation of Rest Period Pay From August 4, 2016 to September 19, 2021, Glidewell paid its piece-rate employees for rest periods at the employee's effective hourly rate for the workweek. This rate was calculated as provided by...

Excerpt: ...almart to provide applicants with disclosures regarding its practices. Pitre filed suit against Walmart in this Court, alleging Walmart's disclosures failed to comply with the FCRA. Walmart removed the suit to federal court. While the suit was pending in federal court, Wilson and Walters were added as representative plaintiffs. In January 2019, the federal court certified a class of all job applicants on whom Walmart performed a background check,...

Excerpt: ...re approval can be granted. However, on the present record, the Court does not believe the motion should be denied. Bautista's and Defendant's requests for judicial notice are GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. The Court proposes on its own motion to take judicial notice of the Small Business Administration's April 2020 interim final rule regarding Paycheck Protection Program loan...

Excerpt: ... redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Are there any other matters, whether individual, class or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 2. In order to evaluate the fairness of the PAGA settlement, the Court m...

Excerpt: ...pport of the restored motion. For the reasons set forth below, Olen's motion is DENIED. However, TPG should not mistake the Court's denial of this motion for approval of TPG's tactics. The hearing on TPG's current motion for summary judgment will be continued from February 4, 2022 to February 18, 2022 at 9:00 a.m. in Department CX104. The deadlines for Olen's opposition and TPG's reply are continued accordingly. I. Factual and Procedural Backgrou...

Excerpt: ...the following ground for sanctions: “This motion is made on the ground that on June 10, 2021, attorney Kevin Mahoney (“Mahoney”) filed a frivolous Complaint. Mahoney violated Code of Civil Procedure section 128.7(b)(3) in that the factual contentions in the Complaint of Plaintiff Mavilo Arriaga (“Plaintiff”) are without evidentiary support.” The Court finds this language significant. Section 128.7(b) is written in the disjunctive: it ...

Excerpt: ... that considers an employee late if their actual clock-in time is late, regardless of whether the rounded clock-in time is late. (Defendant disputes the application of the tardy policy to the putative class, but for present purposes, the Court assumes it functions as Plaintiffs describe.) Plaintiff argues the combined effect of these policies causes employees to lose a few minutes at the beginning of each shift: to avoid being tardy, employees cl...

Excerpt: ...endants AAA Network Solutions, Inc., Fka AAA Solar Electric, Inc., SNA Concepts, LLC., JSS-8401 Page Street LLC., District Housing & Training Foundation; Sundance Engineering, Inc., and Hoai-Phuong Huynh Ngo's Motion To Strike Plaintiff's Complaint or Portions Thereof ROA # 63 4. Defendants ConvergeOne, Inc., John A. McKenna Jr., Jeffrey Nachbor, Rui Goncalves, James Christopoulos, Nhue Quang Ngo, Cynthia Thuy Hang Trinh, and Keith Hippard's Moti...

Excerpt: ...rst Amended Complaint Under Seal (CCR 2.550 & 2.551) ROA # 281 5. Plaintiff Ensign Services, Inc.'s Motion for Leave to File Opposition to Demurrer to First Amended Complaint Under Seal ROA # 266 MOTIONS TO SEAL Before the Court are four motions to seal: 1. Defendant Empirian Health, LLC's motion for leave to file its demurrer to the FAC of Plaintiff Ensign Services, Inc. under seal. 2. Ensign's motion for leave to file its opposition to Empirian...

Excerpt: ...ings individual claims for wrongful termination and various wage-and-hour violations. He also brings a PAGA claim based on his individual wage-and-hour allegations. On September 24, 2021, Altman filed a notice of related cases identifying two cases pending in San Diego County Superior Court: Paolo Cervantes v. Altman Specialty Plants, LLC, No. 37-2019-0051483-CU-OE-CTL and Leslie G. Martinez v. Altman Specialty Plants, LLC, No. 37-2021-00001167-C...

Excerpt: ... be submitted as well. As to the Settlement: 1. Are there any other actions pending against Defendants (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? 2. Section 2.26 of the settlement agreement defines the “Settlement Class Period” as “December 16, 2021 through December 16, 2016.” (Emphasis added.) This appears to be a typographical error. 3. The last li...

Excerpt: ... Bargaining Agreement (CBA) Plaintiff was employed by Defendants as an irrigation foreman until his termination on July 23, 2020. (Caskey Decl. (ROA 27), ¶ 4.) On at least two occasions, Plaintiff signed an “Employee Handbook Acknowledgment and Receipt,” pursuant to which he agreed to be bound by the terms of the employee handbook. (Id., ¶ 5.) The handbook, attached to the Caskey Declaration as Exhibit 1, is titled the “Hunter Environment...

Excerpt: ...ous case citations. If the parties believe they need more room to make their arguments than the Rules of Court permit, the proper course is to seek permission to file an overlong brief, not to relegate substantive argument and important supporting authority to single-spaced footnotes, which is the equivalent of filing an overlong brief without permission. I. Background As alleged in the FAC, Empirian is a health care claims company that assists i...

Excerpt: ... # 81) 4. Order to Show Cause re: Preliminary Injunction ORDER TO SHOW CAUSE RE. PRELIMINARY INJUNCTION The Court ordered Defendants Lawrence C. Felix, Steven A. Silverstein and the Stanley W. Ekstrom Foundation, Inc. (the “Foundation”) to show cause why a preliminary injunction should not be entered in favor of Plaintiffs Megan C. Ekstrom (“Megan”) and Robert G. Ekstrom (“Rob”). The Court has reviewed the oppositions filed by Felix a...

Excerpt: ...pt for the 38 persons who have already received the notice), and to turn over the contact information of all persons who do not opt out. The notice must be served by no later than December 17, 2021. I. Timing of Motion Defendant argues the motion is untimely because it was filed on Monday, October 25, 2021, and the deadline was Friday, October 22, 2021. The Court disagrees. Defendant's supplemental responses were electronically served on Septembe...

Excerpt: ...inesses has nothing to do with whether the loss here was covered under the specific policy at issue. I. BACKGROUND A. Underlying Loss Muirhead is the former sole proprietor of Marcellos Pizza and Pasta (“Marcellos”). (Muirhead Decl., ¶ 3.) In April 2014, Muirhead restructured the business by forming Working With Integrity, Inc., which does business as Marcellos. (Id., ¶ 4.) Muirhead is the sole owner of Working With Integrity. (Id., ¶ 5.) ...

Excerpt: ...o file a proposed Consolidated Second Amended Complaint (“C2AC”). The motion is GRANTED. The Prime Hospitals are to file and serve the C2AC by December 1, 2021. The Court will not impose conditions on this amendment. Also, in order to avoid potentially unnecessary future motion practice, the Court requests that the parties consider including the allegations (i.e., the 9 additional underlying patient claims) of Case No. 21- 01208562 into the C...

Excerpt: ...aims based on future royalties owed under the contract between Ossur and Calco are subject to the exclusive jurisdiction of the federal courts because they arise under patent law. As a result, this Court lacks jurisdiction over the second, third and fourth causes of action as currently pled. It also lacks jurisdiction over the first cause of action insofar as it is based on future royalties. 2. However, claims based on past royalties owed for the...

Excerpt: ...t basis are DENIED. However, in reaching this decision, the Court has not considered TPG's arguments about unrelated litigation involving Olen or its owners. The Court requests that TPG confine its arguments to the issues before the Court. Going forward, the parties should separately file their motions, memoranda and supporting evidence/declarations rather than filing an entire set of moving papers as a single PDF. The use of a single PDF is unwi...

Excerpt: ...s to the Declaration of Donald Krotee are SUSTAINED. I. Preliminary Comments The Court believes that this motion and the other discovery motions on file in this case possibly could have been avoided by a more robust meet and confer process. Among other things, if TPG's counsel had provided copies of the Krotee emails with his August 23, 2021 letter, then the parties potentially could have had a dialogue about document retention policies and issue...

Excerpt: ... the amount of the undertaking. Assuming the parties are unable to agree on the amount of the undertaking (a possibility the parties should seriously consider), TPG is to file a supplemental brief of no more than 8 pages (as well as any supporting evidence) by November 12, 2021. Olen may file a response of no longer than 8 pages (as well as any supporting evidence) by November 29, 2021. Upon receipt of the supplemental briefing, the Court will de...

Excerpt: ...fendants Sodexo, Inc. and Sodexomagic, LLC (collectively “Sodexo”) join in the motion. For the reasons set forth below, the Disney Defendants' motion is GRANTED. In addition, the clerk is ORDERED to unseal and publicly file certain documents noted at the conclusion of this ruling. The parties' requests for judicial notice are GRANTED as written, with the exception of Exhibit 45 to the Yan Declaration, the “Ruth Memorandum.” The Disney Def...

Excerpt: ...s well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any pending actions—whether individual, class or PAGA (including in the pre-filing LWDA stage)—that might be affected by this settlement? 2. The class period defined in the settlement agreement begins on December 9, 2018. The class period as defined in every version of the comp...