Excerpt: ...ser fails to allege that it complied with the notice requirement of 28 Cal. Code Regs. tit. 28, §1300.71(b)(5), which provides that a plan shall not request reimbursement for the overpayment of a claim unless the plan sends a written request for reimbursement to the provider within 365 days of the date of payment on the overpaid claim. If the provider contests the notice, the provisions of Cal. Code Regs. tit. 28 §1300.71(d)(3)-(4) apply. The p...

Excerpt: ...lso should provide a red-lined version of any revised papers, including the notice to the class. • The size of the class is unclear. From the Employer Defendant's information, 107 notices were mailed. However, it is believed that not all of those persons are actually class members because Cashiers and Managers were included in the list but do not qualify as “Car Wash Workers” under the statute. Mandel Dec. ¶6. It is also proposed that the ...

Excerpt: ...relieved from default, but ruled that “Defendant is to pay for the cost of the unsuccessful attempts (2) to serve him in Arizona before being allowed to file his answer. Defendant is to file with the court a clean copy of the answer once the costs noted have been paid.” This language rendered the order conditional, which was within the court's discretion under Code of Civil Procedure sections 473 and 473.5. Howard v. Thrifty Drug & Discount S...

Excerpt: ...ting compliance and copies of letters to the State Bar are insufficient. Unless defendants file the required proof of service before the hearing, the hearing will have to be continued. The Karolyi defendants are ordered to give notice of the ruling unless notice is waived. ...

Excerpt: ...ntiffs may file another motion to file under seal which complies with this directive. Plaintiff's Motion for Contempt and Request for Sanctions Against Hyder M. Mukadam and Mukadam Medical Center, Inc. is denied. This court did not order defendants to pay sanctions to plaintiff, but rather awarded plaintiff sanctions against defendants. The court phrased the ruling this way specifically to prevent a failure to pay sanctions from being used as a b...

Excerpt: ...ery Referee in this case, Michael Garey Balmages. Both of these motions seek relief found in the discovery statutes, and they are based on plaintiffs' alleged discovery violations. In addition, defendants' arguments hinge on the long discovery history of this case before the Discovery Referee. His input and recommendation on this motion would be exceedingly helpful, since he is in the best position to weigh the parties' discovery abuse arguments ...

Excerpt: ...e response does not comply with CCP §2031.220 since it does not state that all documents or things in the demanded category that are in defendant's possession, custody or control already have been produced. Plaintiff's justification for #82 is that he wants to discover who defendant's owners are, but that request is overbroad as phrased. Such information is specifically and narrowly requested in #103, which is not overbroad, because it seeks onl...

Excerpt: ...y to the reference. The court concludes that disputes exist between the parties as to multiple discovery matters and that the interests of justice and efficiency will be best served by the appointment of a discovery referee to hear and determine the discovery matters and make recommendations to the court on them. Pursuant to CCP §639(a)(5), the court specifically finds that the following exceptional circumstances exist in this case: There have a...

Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...

Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...

Excerpt: ...the notice to the class. In their future pleadings counsel also must avoid points and authorities that exceed the legal page limits, as well as redundant, lengthy declarations that repeat the same material. The pages of the Notice of Settlement of Class Action and Settlement Hearing (notice to class) must be numbered. The moving papers assert that a copy of the settlement agreement was sent to the LWDA with the filing of this motion, but no proof...

Excerpt: ...aving been filed more than six months after plaintiff received notice of entry of the Judgment. Finally, defendant Eric Woods lacks standing to seek to vacate the Judgment as against defendant Rick Back, who was in default at the time of trial. Plaintiff is ordered to give notice of the ruling. ...

Excerpt: .... The revised Notice to Class still provides that the Administrator will resolve any workweek disputes. Counsel must delete the clause (on p. 6, in the last para. of sec. 9), “and that determination will be final and binding on Plaintiffs, Pinnacle, and you and will be non- appealable”. Plaintiff still hasn't disclosed the terms of her agreement to settle and release all of her claims except for her PAGA claims, including the attorneys' fees ...

Excerpt: ...ludes that there exists a valid agreement to arbitrate the claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concepts Franchise Corp. (2011) 194 Cal. App. 4th 704, 708. Plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and th...

Excerpt: ...arch 20, 2018, but plaintiff served her moving papers on defendant's prior counsel, Morgan Lewis & Bockius, on June 1, 2018. Plaintiff must either give counsel of record statutory notice of the next hearing date or file a waiver of notice from them. Plaintiff must submit an invoice from Administrator ILYM Group, Inc. to support the requested Administrator fee. Plaintiff now seeks an Administrator fee of $11,750 even though the original papers, in...

Excerpt: ...d and the Administrator provides an updated report. E-service of the moving papers on June 7, 2018 provided defense counsel with insufficient notice of this hearing. Plaintiffs must either give counsel statutory notice of the next hearing date or file a waiver of notice from them. The moving papers report that five of six workweek disputes have been resolved. Plaintiffs must explain what happened to the sixth workweek dispute, and if there is any...

Excerpt: ...ite no authority supporting the proposition that vouchers should be considered part of a common fund. The court in Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1809-10, questioned the common fund theory in a coupon settlement. In this court's view, a reasonable fee would be 1/3 of the cash settlement, which is $312,500, but in this case the $50,000 being used to pay the employer's share of payroll taxes (which seems high for this settleme...

Excerpt: ...missible evidence. In addition, the discovery sought would unnecessarily invade plaintiff's privacy rights, which outweigh defendant's claimed interest in the requested information. At the hearing the parties should address whether the court should appoint a discovery referee for the Sadeghi portion of this case. Moving party is ordered to give notice of the ruling. ...

Excerpt: ...missible evidence. In addition, the discovery sought would unnecessarily invade plaintiff's privacy rights, which outweigh defendant's claimed interest in the requested information. At the hearing the parties should address whether the court should appoint a discovery referee for the Sadeghi portion of this case. Moving party is ordered to give notice of the ruling. ...

Excerpt: ...ite no authority supporting the proposition that vouchers should be considered part of a common fund. The court in Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1809-10, questioned the common fund theory in a coupon settlement. In this court's view, a reasonable fee would be 1/3 of the cash settlement, which is $312,500, but in this case the $50,000 being used to pay the employer's share of payroll taxes (which seems high for this settleme...

Excerpt: ... she is in default. In amending, the court specifically grants Wardak leave to derivatively assert, on behalf of CSS, Inc., claims for breach of fiduciary duty in both the 082 case and the 168 case. In the amended pleadings Wardak must include captions showing all the parties to his new pleadings, and specifically assert whether his claims are derivative. Both sides' Requests for Judicial Notice are granted as to documents in the court's file, an...

Excerpt: ...14, 519. A triable issue of material fact exists as to whether the Motor Carrier Act exemption applies in this case. No class has yet been certified, and so putative class members are not parties to this action. Thus, any substantive ruling on this motion presumably would not bind them or fully resolve this matter. While the court in Fireside Bank v. Superior Court (2007) 40 Cal. 4th 1069, 1082-83, recognized that a defendant may assume the risk ...

Excerpt: ...at there exists a valid agreement to arbitrate the claims asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Plaintiff's claims of unconscionability are unsupported by the language of the arbitration agreement and the law, and defendants did not waive their right to arbitrate. Plaintiff has failed to meet her burden of proving the facts of any defense to enforceability. Chin v. Advanced Fresh Concep...

Excerpt: ...s supplemental reply papers must be filed no later than two weeks before the hearing. In discussing the law that applies to the specific facts that plaintiff can establish, plaintiff must directly address recent U.S. Supreme Court case law, which is stricter against the exercise of personal jurisdiction than the old California cases on which plaintiff relies. Moving party is ordered to give notice of the continuance. ...

Excerpt: ...ement. Counsel also should provide a red-lined version of any revised papers, including the notice to the class. Service by mail of the moving papers on May 15, 2018 provided defense counsel with insufficient notice of the hearing. Plaintiff must give adequate notice of the continued hearing date, and also must provide the LWDA with courtesy notice of the new hearing date. The operative pleading is plaintiff Savannah Epps' original Complaint, whi...