Excerpt: ...s filed on October 30, 2019, but which was not part of the document filed with the court. (Nor were Exhibits 4 or 7.) The court has a copy of Exhibit 9 from the courtesy copy binder plaintiffs submitted, and defendant appears to have the declaration since defendant referenced it in its opposition. Plaintiffs may not recover their costs of suit for the trial. Plaintiffs filed a Memorandum of Costs, defendant moved to tax costs, this court granted ...

Excerpt: ...er than two weeks before the next hearing date. Counsel should submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also should provide a red-lined version of any revised papers, including the notice to the class. The settlement agreement and Workweek Dispute Form provide that the Administrator will resolve any workweek disputes. The documents should instead reflect that the court will resolve any ...

Excerpt: ...h the court finds acceptable), in which case defendant must provide supplemental responses to #2 and 4 within 90 days only for employees who do not respond that they do not want their information shared, and must provide a supplemental response to #3 within 90 days only for employees who respond that they intend to contest their alleged obligation to arbitrate this dispute. The supplemental responses will be pursuant to a protective order whereby...

Excerpt: ...s denied. Patch's Request for Judicial Notice is granted. Patch must file an Answer within 10 days. NVSI now adequately alleges misrepresentations of fact by Patch and how a representation of fact by Patch was false. NVSI also now adequately alleges the unjust enrichment of Patch. NVSI sufficiently alleges facts that would constitute fraud, malice or oppression, including despicable conduct, as defined in Civil Code §3294, potentially justifying...

Excerpt: ...ed case has gone forward, and if its outcome affects this case. In the case of In re Anna S. (2010) 180 Cal. App. 4th 1489, the court held: “The effect of an unqualified reversal (‘the judgment is reversed') is to vacate the judgment, and to leave the case at large for further proceedings as if it had never been tried, and as if no judgment had ever been rendered. Generally an unqualified reversal has the effect of remanding the case for a ne...

Excerpt: ...the factual issue of whether the clothing Nike required its employees to wear constitutes a uniform or whether it was suitable for everyday wear and therefore a fringe benefit under federal law. Defendants' arguments and authority are based on Nike legally withholding taxes from its employees, rather than a situation where withholding was not legally authorized. Plaintiff arguably may seek restitution from Nike for the taxes employees had to pay ...

Excerpt: ...Homeowners Association (13th cause of action) are sustained with 30 days leave to amend based on the failure of each challenged cause of action to state facts sufficient to constitute a cause of action. Defendants Professional Community Management of California, Inc. and Cabo Del Mar Homeowners Association's Motion to Strike is deemed moot and off calendar by virtue of their demurrer being sustained with leave to amend. Defendants AMC Inc. dba St...

Excerpt: ..., i.e., factors that make trial and the enforceability of the ensuing judgment expeditious and relatively inexpensive, such as the ease of access to sources of proof, the cost of obtaining attendance of witnesses, and the availability of compulsory process for attendance of unwilling witnesses, and the interests of the public in retaining the action for trial in California, i.e., factors which include avoidance of overburdening local courts with ...

Excerpt: ...d new employee instructions appear to violate Civil Code §1747.08 and are contrary to sections 1.2 and 1.3 of the Settlement Agreement. The last paragraph says that employees may not ask a customer for personal identifying information until after completing the transaction. This language suggests that employees may ask all customers for personal identifying information right after completing each transaction, even if there is no legal justificat...

Excerpt: ... Josiah N. Drew because he does not have any relevant personal knowledge about the events at issue in this case, and any second-hand information he has is protected by the attorney-client, attorney work product and/or mediation privileges. Drew is an in-house attorney for defendant and is responsible for managing defense counsel in the defense of this lawsuit. Plaintiff even admits in her opposition that Drew acted as defendant's main point of co...

Excerpt: ... action. The Suns may not have the court summarily adjudicate whether documents were forged, or whether real property interests are subject to certain liens, both of which constitute the four issues the Suns seek adjudicated. For example, two of the relevant causes of action seek declarations that trust deeds were signed by other parties, yet this motion addresses only if reconveyances were signed by the Suns. In addition, the Separate Statement ...

Excerpt: ... §340(a). The doctrine of equitable tolling does not apply in this case (although the doctrine might apply in some other PAGA case). A PAGA plaintiff may recover for violations that continue through the date of trial if they were properly included in the PAGA letter and the Complaint. PAGA cases are subject to a one-year statute of limitations. Brown v. Ralphs Grocery Co. (2018) 28 Cal. App. 5th 824, 839. This PAGA case is an action on a statute...

Excerpt: ...greement. Counsel also must provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees. The moving points and authorities are not numbered, they are 33 pages long, far exceeding the 15-page limit of CRC Rule 3.1113(d) and even the 20-page limit of CRC Rule 3.764(c)(2) for motions to certify a class, which usually are contested, and they fail to include a table of contents or table of authorities, a...

Excerpt: ...agreement. (Counsel disregarded this direction in the supplemental papers for this hearing.) Counsel also should provide a red-lined version of any revised papers, including the notice to the class. The amended settlement agreement defines the class in Section I, para. 4 (on p. 2) to cover employees and independent contractors who worked through March 18, 2017, but the revised notice to class (on p. 1) reflects the end-date as the date of prelimi...

Excerpt: ...o should provide a red-lined version of any revised papers, including the notice to the class. The papers are ambiguous as to whether the attorneys' fees and costs, enhancement, and administrator fees are intended to be paid out of the $500,000 (Settlement Agreement at 21:19-21 and 22:9-11) or in addition to the $500,000 (P's & A's at 2:7-9 and 5:12-16; Notice to Class, Section II, para. 3). Clarification is required. Section 14.2 of the settleme...

Excerpt: ...ounsel also should provide a red-lined version of any revised papers. The Arbitration Review Hearing set for March 29, 2019 is ordered off calendar. The Settlement Agreement (p. 3) estimates the size of the group of other aggrieved employees at 120 through February 20, 2018. Plaintiff must provide the updated, correct number of other aggrieved employees. The moving papers inconsistently identify the Administrator as CPT Group, Inc. (Settlement Ag...

Excerpt: ...rticipating class members based on 5,524 total class members and 39 opt-outs, but 5,524-39 = 5,485, not 5,487. An explanation is required. Delivery of uncashed checks to the State of California Industrial Relations' Unpaid Wage Fund in the names of the respective payees appears to no longer be viable, since it is the court's understanding that the Department of Industrial Relations is no longer accepting funds from Settlement Administrators. Both...

Excerpt: ...in California. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 110. However, plaintiffs have justified neither general nor specific jurisdiction over this former Delaware LLC that was headquartered in New York and simply owned Illinois real estate, while having no California presence. Defendants Etienne Locoh, Tom Rini, American Recovery Property OP, LP, Sovereign Capital Management Group, Inc., Northwood Investors, LLC, and...

Excerpt: ...eritless, the court can properly overrule, and a reviewing court ignore, all of the objections on the ground that they constitute oppression of the opposing party and an imposition on the resources of the court”. Defendants' voluminous objections include several as to materiality and relevance that are meritless, and several as “repetitive”, which is not a proper basis for objecting. Triable issues of fact exist as follows: - whether Safeco...

Excerpt: ...nsel. The cases share common questions of fact and law. Legal issues will recur and would consume additional trial and appellate court time if the litigation is not coordinated. In addition, there is a potential for inconsistent rulings on the same or related legal issues if the cases are not coordinated and appeals are presented to different appellate courts. Coordination of discovery will substantially reduce duplicative document and deposition...

Excerpt: ...urt will not enforce the PAGA waiver. This action is ordered stayed pending completion of the arbitration. The Case Management Conference set for today is ordered off calendar. A Post- Arbitration Review Hearing is set for August 23, 2019 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing. Defendant has shown that there exists a valid written agreement to arbitrate the individual claims asserted by plainti...

Excerpt: ...ve to amend. Patch's Request for Judicial Notice is denied. NVSI fails to adequately allege any misrepresentation of fact by Patch or how any representation of fact by Patch was false. Nor does NVSI adequately allege any unjust enrichment of Patch. Civil conspiracy is not an actionable cause of action on its own but requires an underlying civil wrong. Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal. 4th 503, 510-11. NVSI does not...

Excerpt: ...to exercise its discretion to find this motion timely under CCP §436. Thus, the motion is untimely under CCP §435(b)(1). In any event, this motion, at this time, is not the proper vehicle by which to challenge the case's manageability (if that even is a death knell for PAGA cases, which itself is not legally beyond dispute). Moreover, the other case is a class action suit, and the manageability standards for class action cases are not necessari...

Excerpt: ...e based on violations of Labor Code §§1198 and 510, but neither of those statutes is listed in Labor Code §210 as a statute that may give rise to civil penalties under §210. Plaintiff argues that defendant violated Labor Code §204, which is listed in Labor Code §210, but plaintiff does not cite §204 in her 2nd or 3rd causes of action (and already has her 5th cause of action addressing that statute). The decision in Nationwide Biweekly Admi...

Excerpt: ...ds the policy and defeats coverage, and plaintiff has failed to raise a triable issue of material fact as to the application of that defense. “A fraud and concealment clause in an insurance policy generally voids the policy upon the insured's attempts to deceive the insurer. Deceit may involve false representations to obtain benefits after a claimed loss.” Leasure v. MSI Ins. Co. (1998) 65 Cal. App. 4th 244, 248; Cummings v. Fire Ins. Exchang...