Excerpt: ...ntered a verdict in Plaintiff's favor in this trade secret dispute, Defendants prevailed on a motion for judgment notwithstanding the verdict. Defendants now seek to recover their costs both (1) as a prevailing party under CCP § 1032, and (2) as a prevailing party under the terms of a 2006 nondisclosure agreement, governed by Oregon law, which allows for the recovery of “reasonable . . . costs incurred in resolving or settling the dispute.” ...

Excerpt: ...4th 1109, 1124.) The Court bases this ruling on the papers filed by the parties with respect to the original August 16, 2019 hearing date and the continued hearing date of October 4, 2019. Plaintiff's October 30, 2019 reply was not timely filed pursuant to CCP § 1005(b) and therefore is not considered by the Court in its ruling. Likewise with respect to Defendant's sur-reply. That being said, this ruling does not preclude Plaintiff from renotici...

Excerpt: ...erior Court No. RIC10014774 (Curry), on the grounds that the plaintiff in the first-filed Curry matter sought to certify the same class as Plaintiff here. Summary judgment was entered in Equilon's favor in the Curry matter, and on April 26, 2018, the Court of Appeal affirmed in a published opinion. (23 Cal.App.5th 289.) Following the Court of Appeal's decision in Curry, the Court lifted the stay in this matter. Plaintiff and Equilon then agreed t...

Excerpt: ...rock Low Volatility (Master) Fund, Ltd.'s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, By Plaintiffs DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION Defendants Jefferies LLC and Jefferies International Limited (“JIL”)'s motion for summary judgment, or in the alternative summary adjudication, on the amended complaint of Plaintiffs Rimrock High Income Plus (Master) Fund, Ltd. and Rimrock Low Volatility ...

Excerpt: ...tiff's unopposed request for judicial notice (ROA 28) is GRANTED, although only as to the existence of the documents at issue, and not as to the legal effect thereof, which is discussed in more detail below. Pursuant to Evidence Code § 455, the Court proposes to take judicial notice of the current Employment Arbitration Rules of the American Arbitration Association, which are amended and effective as of November 1, 2009. The arbitration agreemen...

Excerpt: ...9 for a continued deposition not to exceed seven hours on the record. The Court expects Tien to provide straightforward, non-evasive answers to Defendants' questions at the continued deposition. Furthermore, at the continued deposition, Tien is ordered to answer the following question set forth in Defendants' statement of disputed questions and answers: “With the Waste Italia notes, Rimrock funds purchased those notes in November 2014. Do you a...

Excerpt: ...ing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Although the briefing says administrative costs will not exceed $23,000 and suggests Habitat for Humanity Orange County as a cy pres recipient, the settlement agreement itself contains no such provisions. The Court will not grant approval of the settlement unless the agreement itself contains this information. 2. Counsel states that he “determined” th...

Excerpt: ... strike Plaintiff Rachel Segui's motion for class certification is DENIED as untimely. The motion was filed on October 11, 2019, only 10 court days before it was set for hearing on October 25. Generally speaking, motions must be filed at least 16 court days in advance of the scheduled hearing. (CCP § 1005(b).) However, the Court will exercise its discretion to consider the motion to strike as an opposition to Plaintiff's motion for class certifi...

Excerpt: ...tor Company's motion to tax costs. Evidentiary Objections Plaintiffs have filed evidentiary objections to the declaration of Matthew K. McCullough filed in support of Ford's opposition. The Court rules on these objections as follows: Objection No. 1: SUSTAINED on the grounds that Exhibit A to the McCullough Declaration is an improper attempt to circumvent page limits and OVERRULED on all other grounds. Ford cannot avoid the page limit for opposit...

Excerpt: ... effect of this ruling on the definition of the certified class. I. UNDISPUTED FACTUAL BACKGROUND Plaintiffs are former employees of Defendant. Serna's tenure with Defendant ended in April 2016 and Flores's ended in July 2017. (SAC ¶¶ 26-27.) For purposes of this motion, the parties do not dispute that on February 2, 2018 Defendant's wage statements were changed to identify “Mitchell International, Inc.” as the employer. (See Responsive Sep...

Excerpt: ...howing all changes, deletions, and additions shall be submitted as well. Late papers will not be accepted. The Court continues to have serious concerns about how carefully the settlement materials were drafted and whether the settlement is reasonable, with particular concern about the financial condition of Defendant and the ramifications for the settlement structure of the installment. The Court will not approve the proposed settlement until the...

Excerpt: ... v. San Miguel Equities, LLC), this ruling also shall be applicable to that proceeding. After discussing the context of the present motion, the Court will issue direction regarding the prior orders. FACTUAL AND PROCEDURAL BACKGROUND First Foundation Bank holds a $5.6 million judgment against Defendant San Miguel Equities, LLC, issued in the companion matter First Foundation Bank v. San Miguel Equities, LLC, No. 18-967476. The present dispute conc...

Excerpt: ...le the Court continues to have serious concerns with Plaintiffs' counsel's investigation and valuation of the PAGA claims at issue in this matter—in particular, Plaintiffs' counsel's admission that he reviewed no pay records other than those of the three named Plaintiffs and the decision to use a $50 per violation penalty instead of a $100 per violation penalty—the Court is convinced, based upon information provided by Defendants' counsel abo...

Excerpt: ...and otherwise is OVERRULED. The Motion to Strike punitive damages is DENIED. Defendant Patrol Masters, Inc., is to answer the Complaint on or before February 15, 2019. The Court exercises its discretion to consider Plaintiff's opposition which was not served in a manner to ensure delivery by the next business day. (CCP § 1005.) Counsel is ordered to comply with the service requirements of the Code of Civil Procedure in connection with all future...

Excerpt: ...aintiff's First and Second causes of action in the Second Amended Complaint for waiting time penalties and injunctive relief and restitution under Business & Professions Code section 17200 on an individual basis, and STAYS this action pending the outcome of arbitration. Plaintiff's class claims are DISMISSED. Defendant's Demurrer to the Third Cause of Action under PAGA is SUSTAINED without leave to amend for the reasons set forth in the Court's 1...

Excerpt: ...eory that paystubs provided by Defendant to putative class members during the class period failed to include Defendant's legal name “Mitchell International, Inc.” In all other respects, the motion is DENIED. The class is defined as follows: All current and former hourly-paid or non-exempt employees who worked for Mitchell International, Inc., within the State of California at any time during the period from April 5, 2013, to a date to be dete...

Excerpt: ...for Judicial Notice of pleadings filed in the underlying action, Aubrey, et al. v. KB Home Greater Los Angeles, Inc., et al. (Aubrey), Riverside Superior Court Case No. RIC 476889, is GRANTED. St. Paul's unopposed Request for Judicial Notice of a motion for summary judgment and complaint filed in Liberty Mutual Insurance Company v. Blatt (N.D. Cal., Oct. 26, 2007, No. 06-2002 SC) 2007 WL 3171263, a federal district court decision relied upon by K...

Excerpt: ... issues it has agreed to arbitrate. [Citations.]” (Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell (1999) 76 Cal.App.4th 227, 230; see also Hayes Children Leasing Co. v. NCR Corp. (1995) 37 Cal.App.4th 775, 787 [“[plaintiff], of course, can be compelled to arbitrate only such issues as it in fact agreed to arbitrate”].) The arbitration clause in this case is unambiguously narrow in scope, limited to controversies “involving the ...

Excerpt: ...agraph in section 4, on page 5, of the arbitration agreement regarding confidentiality. Plaintiff's class allegations are DISMISSED. Plaintiff's Sixth Cause of Action under PAGA is STAYED pending the outcome of arbitration. An Arbitration Review Hearing is scheduled for March 5, 2019 at 8:30 a.m. Grounds for Ruling: Plaintiff, a former employee of defendant Automobile Club of Southern California, filed this putative wage and hour class action on ...

Excerpt: ...he hearing to discuss a continued hearing date and briefing schedule. 1. Mr. Escobar's declaration filed in opposition to the motion states that he speaks and reads Spanish and that he did not understand the terms of the employee handbook because it was in English. Mr. Escobar did not state that he speaks and reads only Spanish, and he did not address the level of his reading proficiency, if any, in English. In reply, Defendants submitted a suppl...

Excerpt: ...ely to affected employee(s) under Labor Code section 1197.1. The motion is DENIED as to the portion of plaintiff's claim for civil penalties under PAGA and Labor Code section 1197.1 that would, if recovered, be allocated between the LWDA and the aggrieved employees. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348.) The Court is inclined to deny without prejudice Defendant's request for a stay of this action pending arbitrat...

Excerpt: ...efore August 24, 2018. If a revised Settlement Agreement and/or proposed Class Notice is submitted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed settlement includes a settlement of Plaintiff's PAGA claim, but there is no proof of service of the settlement agreement and motion on the LWDA. (See Labor Code § 2699(l)(2).) In addition, since it was not attached to th...

Excerpt: ... non-party Todd Kurtin to set aside the judgment entered in this action on March 23, 2018, and for a new trial, are GRANTED pursuant to Code of Civil Procedure §§ 657(1), 663 and 473(d). Upon granting the motion, the Court will sua sponte consolidate for all purposes Kurtin v. Gulfstream Finance, Inc., Case No. 30-2012- 00593758 (already related to this action and assigned to this court as of 02/14/2018) with this action. The Gray 1 action will...

Excerpt: ...nce; the Court is not reaching the merits of plaintiff's proposed additional causes of action at this time. First, plaintiff has failed to comply in several material respects with Rule 3.1324 of the California Rules of Court (CRC) applicable to motions to amend pleadings. Plaintiff did not attach a redlined copy of the proposed amended pleading reflecting what is proposed to be deleted and added to the pleading, or specify the changes by page, pa...

Excerpt: ... is no possibility that Plaintiff will be able to meet the requirements for class certification. Specifically, Plaintiff “must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.” (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021; see also CCP § 382...

Excerpt: ...e community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.” (Brinker Restaurant Corporation v. Superior Court (2012) 53 Cal.4th 1004, 1021 [internal quotes and citations omitted; bracketing added].) These elements are typically referred to as: (1) ascertai...

Excerpt: ...w. A “successful party” may recover fees under section 1021.5 upon showing “(1) the enforcement of an important right affecting the public interest, (2) the conferring of a significant benefit on the general public or a large class of individuals and (3) the necessity and financial burden of private enforcement renders the award appropriate.” (Jaramillo v. Cnty. of Orange (2011) 200 Cal.App.4th 811, 829.) The Court finds that the foregoin...

Excerpt: ...f the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.” CCP § 1032(a)(4) provides, in pertinent part: "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff n...

Excerpt: ...file a Fourth Amended Complaint is GRANTED. Plaintiff is ordered to file and serve the proposed Fourth Amended Complaint attached to the Massey Declaration no later than August 3, 2018. Defendants' objections to the Massey declaration are all OVERRULED. Defendants' request for judicial notice is GRANTED. The Court may, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...

Excerpt: ...Defendant did not object and provided a chart with 23 names, addresses, and telephone numbers. In moving to compel a further response, Plaintiff argues that this list is not accurate or complete. There does not appear to be any evidence that the list of 23 individuals is not accurate; with that said, the Court is not able to decipher a handwritten exhibit that Plaintiff attached as part of Exhibit 5 to the Carbone declaration. In opposition to th...

Excerpt: ...issue, nor did Plaintiffs provide such information elsewhere during the many years of discovery in this case. The motion is GRANTED as to the request to preclude reference to a benefit of the bargain damages theory. Throughout this litigation, Plaintiffs (in their discovery responses and in court) have insisted that their damages will be based solely on expert testimony. Accordingly, Plaintiffs will be precluded from putting on evidence of any al...

Excerpt: ...ion, custody and control pursuant to CCP § 2031.010, which included Plaintiff's timesheets and payroll registers from June 2, 2013 to November 12, 2016. Defendant's supplemental responses support this: Defendant referred Plaintiff to Plaintiff's wage statements and payroll registers previously produced, and then states that it “will produce all responsive documents in its possession, custody, or control not previously produced.” In Defendant...

Excerpt: ... on Health & Safety Code § 1278.5; Lab. Code §§ 98.6 and 1102.5; and Gov. Code, § 8547. As stated in their motion, Defendant “seeks summary adjudication of issues pertaining to one discrete adverse action buried deep within the Second Amended Complaint (“SAC”): a 10% reduction in Plaintiff Peter H. Breen, M.D.'s salary effective with his paycheck of July 31, 2008.” (ROA 678, 9:4-7, emphasis in original.) Specifically, Defendant assert...

Excerpt: ...interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class. (Brinker Restaurant Corporation v. Superior Court (2012) 53 Cal.4th 10...

Excerpt: ...es that Plaintiffs' 4 th cause of action for retaliation, 9 thcause of action for wrongful termination and 10 th cause of action for discrimination are barred by the doctrine of collateral estoppel. Plaintiffs filed a lawsuit in federal court on 8/28/14 alleging wage and hour violations, discrimination and retaliatory firing claims. The court granted summary judgment on the ground that Plaintiffs failed to raise a genuine issue of material fact t...

Excerpt: ... alleges that he worked for Defendant between February 2014 and April 2016 and asserts class-wide claims for (1) violation of Labor Code §§ 510 and 1198 (unpaid overtime); (2) violation of Labor Code §§ 226.7 and 512(a) (unpaid meal period premiums); (3) violation of Labor Code § 226.7 (unpaid rest period premiums); (4) violation of Labor Code §§ 1194, 1197, 1197.1 ( unpaid minimum wages); ( 5) violation of Labor Code §§ 201 and 202 ( fi...

Excerpt: ...g before it, in every matter pertaining thereto. [D]isqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one's choice must yield to ethical considerations that affect t...

Excerpt: ...ing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. If a revised settlement is submitted, please ensure that it is signed by all parties, as the “Stipulation of Settlement” submitted with the original papers was not signed by Mr. Flores or Mr. De La Paz. (Oddly, Jose Guevara signed the agreement, even though the agreement states that his claims are being resolved in a separate agreement.) 2. Based on ...

Excerpt: ...to compel responses. In particular, Plaintiffs filed a Motion to Compel Further Discovery Responses regarding written discovery on April 5, 2017, and sought a hearing before Judge Stock, the discovery referee. However, the Motion to Compel was never heard due to the stay. Plaintiffs have also filed a motion to compel depositions of 137 defendants. Trial has been set for 5/13/19; Plaintiffs express concern that they will not have sufficient time t...

Excerpt: ...Amended Consolidated Complaint for civil penalties is GRANTED. Defendant's request for judicial notice is GRANTED. Defendant's motion to strike Plaintiffs' Opposition is DENIED. Plaintiff Borrego executed an arbitration agreement on 9/8/12 which provides in pertinent part (ROA 622, Perches Decl., Ex. A): 3. Arbitration. I agree that any dispute or controversy arising out of, relating to, or concerning my employment shall be settled by arbitration...

Excerpt: ...this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) Defendant bears the...

Excerpt: ...from June 13, 2010 through trial. The parties do not dispute that lifting the stay is proper; instead, they dispute the scope of Plaintiff's remaining claim after the Tsengsettlement. In Tseng v. Nordstrom, Inc., United States District Court, Central District of California, Case No. 11-cv-08471, the court approved a settlement on 1/8/18, releasing the seating claims under PAGA for “all non- exempt individuals who worked as a salesperson in a No...

Excerpt: ...he OCTA is entitled to the requested relief if the Court finds that (a) OCTA is entitled to take the Subject Property Interest by eminent domain; and (b) OCTA has deposited an amount sufficient to cover the probable amount of compensation that will be awarded. (CCP § 1255.410; see also CCP § 1255.010(a).) In this case, the Property is being taken for the Interstate-405 Improvement Project between State Route 73 and Interstate 605. There is no d...

Excerpt: ...nd awards this amount. Set forth below is an explanation of how the Court determined this amount. Costs are awarded in the amount of $11,919.34. Plaintiff is awarded an enhancement of $4000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors. Pursuant to CCP § 384(b), Plaintiff shall submit to the Court a final rep...

Excerpt: ...h respect to the first cause of action, Defendant argues that it (1) has governmental immunity pursuant to Gov't Code § 818.6, and (2) that the “constructive notice” allegation is uncertain. Gov. Code § 818.6 states: “A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than its property (as defined in subdivision (c) of S...

Excerpt: ...ctrodes coming off of the silicon carbide resistor during operation” and “(4) resistance increasing randomly during operation.” According to Defendant, because these allegations involve what supposedly occurred once the spark plugs were put into operation (i.e., used in an actual airplane engine), and because this Court has already ruled that post- manufacturing operational problems are not covered by 14 C.F.R. § 21.316(c) (the sole regula...

Excerpt: ...unging a lis pendens. A court “shall” grant a motion to expunge if either of the following conditions exists: (1) The pleading upon which the lis pendens is based does not contain a real property claim (CCP §405.31); or (2) The claimant has not established by a preponderance of the evidence the probable validity of the real property claim (CCP §405.32). At the heart of Plaintiff's Complaint in this action is a claim for Quiet Title. Because...

Excerpt: ...and Motion to Seal Confidential and Trade Secret Information Filed by Daniel Piggue in Support of Opposition to Second Amended Motion for Preliminary Approval of Class Action Settlement Motion to Compel Deposition Plaintiff Piggue's motion to compel the deposition of Defendant Inter-Con's person most knowledgeable (PMQ) is GRANTED. Plaintiff's request for sanctions is DENIED. This is a motion that did not need to be bought and probably would not ...

Excerpt: ...Requests”) Nos. 6 - 11 and produce all documents relating to discovery responses prepared by any party or third-party in the related Gray1Action (Case No. 2010-00361680) is GRANTED. Defendant is ordered to produce the documents identified below no later than June 29, 2018, unless the parties agree to a different deadline. Plaintiff's request for judicial is GRANTED. (ROA 456) The current documents at issue, pursuant to Plaintiff's Reply (ROA 47...

Excerpt: ...OA 1756) is GRANTED. This motion is related to the pending motion in Kurtin v. Gulfstream to compel production. Only Defendant Bruce Elieff opposes this motion, but not on substantive grounds such as relevancy or privacy/confidentiality concerns. Further, Elieff fails to demonstrate any purported prejudice if this motion is granted. Instead, Elieff argues that by recently retaining Gray1's counsel, Robert Odson, Kurtin is trying to circumvent the...