Excerpt: ...: George Hall, Jr. and Donna Hall (collectively, “the Halls”) filed a Statement of Claim with [the Financial Industry Regulatory Authority (“FINRA”)] on June 15, 2021 naming Securities America, Inc. as the Respondent in the action styled Donna T. Hall and George E. Hall Jr., as Trustees of the Hall Trust DTD 3/23/15 v. Securities America, Inc., FINRA No. 21 -01517 (“Hall Action”). [Citation.] The claims related to the handling of thei...

Excerpt: ...its litigation of Plaintiff's representative Private Attorneys General Act (“PAGA”) claim. The Court: * finds the remainder of the agreement enforceable; * compels Plaintiff's individual claims to arbitration; * strikes the class claims; and * stays the case as to the representative PAGA claim pending completion of the arbitration. BACKGROUND Plaintiff worked for Defendant. She alleges that Defendant subjected her and the putative class membe...

Excerpt: ...”) alleges that M&N Financing Corp. (“M&N”) and Nasiry “operated a business that purchased retail installment sales contracts [] from used car dealerships.” (Department of Fair Employment and Housing v. M&N Financing Corp. (2021) 69 Cal.App.5 th 434, 437 (“ M&N”).) [1] “In deciding how much to pay for the contracts, defendants used a formula that considered the gender of the car purchaser.” (Id. at 437 -438.) “[D]efendants wou...

Excerpt: ...ed as to the Los Angeles hospital, the Torrance hospital, and Dr. Richard Mills and denied as to the San Fernando Valley hospital. BACKGROUND Defendants own and operate veterinary hospitals that provide emergency services and specialty care. Spornik brought her cat Ozzie to one of Defendants' vet hospitals for treatment. She alleges that non-board -certified vets treated Ozzie despite Defendants' representation that they only employ board - certi...

Excerpt: .... BACKGROUND Secret Charm manufactures clothes for women. Plaintiff is a former employee. She alleges that she and other current and former employees were subjected to numerous wage-and -hour violations. Here, Secret Charm moves to compel arbitration of Plaintiff's individual claims. DISCUSSION Existence and Assent: “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the ...

Excerpt: ... * sustained with leave to amend as to the first cause of action (California Invasion of Privacy Act (“CIPA”), section 631), fifth cause of action (unjust enrichment), sixth cause of action (Unfair Competition Law (“UCL”)), seventh cause of action (larceny), and eighth cause of action (conversion); and * overruled as to consent, the second cause of action (CIPA, section 632), third cause of action (right of privacy), and fourth cause of a...

Excerpt: ... a putative class action. The operative complaint alleges: [T]he Farmers Defendants utilize a software program throughout California known as 360Value to determine the replacement cost of an insured's dwelling. The Farmers Defendants use that replacement cost to set policy limits for the insurance policies they se ll to insureds in California. However, 360Value is inherently inaccurate. Nonetheless, despite the many flaws inherent to both 360Valu...

Excerpt: ...nied as to all information except the settlement amount and private contact and/or identification information. Plaintiff must submit a redacted version for the public file. BACKGROUND This is a putative class action concerning a cyberattack that purportedly resulted in unauthorized disclosures of personal information, including private health information. Recently, the parties reached a settlement. In part, the settlement requires Plaintiff's ind...

Excerpt: ...l arbitration is granted. The class claims are stricken. The Court severs the negotiation and mediation prerequisites. The case is stayed pending completion of the arbitration. BACKGROUND This is a putative wage -and -hour class action. Plaintiff is a former employee. He alleges that BHA subjected him and other current and former employees to numerous wage-and-hour violations. Here, BHA moves to compel arbitration of Plaintiff's individual claims...

Excerpt: ... Shell claims have been adjudicated), second argument (no overlap as to “occurrence” and “occurrences”), third argument (no overlap as to “property damage”), and fourth argument (no overlap as to the pollution exclusions). Defendants' fifth argument (no overlap as to the contribution claims) will be decided at the hearing. BACKGROUND The underlying action (BC544786) concerns toxic cleanup at a site in Carson, California. Barclay's pre...

Excerpt: ...s denied without prejudice. BACKGROUND The instant case is a putative class action. On July 26, 2023, Plaintiff filed the operative complaint, which alleges the following: 9. On or about December 19, 2019, Plaintiff leased a 2020 Hyundai Tucson, VIN KM8J23A48LU145815 (“Vehicle”) from KEYES, one of HYUNDAI's authorized dealerships, for a lease term of three (3) years (“Lease Term”). 10. Plaintiff, like others similarly situated, entered in...

Excerpt: ...epresentative Private Attorneys General Act (“PAGA”) claim is stayed until the arbitration is complete. BACKGROUND Defendant is a company that provides daycare, boarding, and grooming for dogs. Plaintiff is a former employee. He alleges that Defendant subjected him and other current and former employees to numerous wage-and-hour violations. Here, Defendant moves to compel arbitration of Plaintiff's individual claims. DISCUSSION Existence and ...

Excerpt: ...moves to stay Moxley pending resolution of a similar, older wage-and-hour putative class action called Bergman (37-2023-00004575-CU-OE-CTL), which is pending in San Diego County. DISCUSSION Plaintiff contends the motion to stay should be denied because Defendant fails to establish the elements of abatement. (See Opposition, pp. 9-12.) The Court disagrees. The motion is not based on abatement; it is based on (1) the rule of exclusive jurisdiction,...

Excerpt: ...o seal is denied as to the remaining information in the settlement agreements. Plaintiff should submit redacted versions for the public file. BACKGROUND This is a wage-and-hour putative class action. Recently, the parties reached settlements. In part, the settlements require Plaintiffs' individual claims to be dismissed with prejudice and the class claims to be dismissed without prejudice. Here, Plaintiffs move to seal the settlement agreements. ...

Excerpt: ...l briefing. BACKGROUND This is a putative class action. The operative complaint asserts six causes of action – violation of Civil Code section 1770, violation of Business and Professions Code section 17200, violation of Civil Code section 1750, breach of contract, breach of the implied covenant of good faith and fair dealing, and restitution – and alleges the following facts: 9. On or about December 19, 2019, Plaintiff leased a 2020 Hyundai T...

Excerpt: ... in a supplemental retirement plan pursuant to section 403(b) of the federal tax code. One of her investments is a variable annuity purchased from MLIC. (See Complaint, ¶¶ 14, 17.) She also purchased a Guaranteed Minimum Income Benefit rider (“GMIB Rider”), “which guaranteed a minimum level of payments once the contract is annuitized[.]” (Id. at ¶ 17.) According to the complaint, California's Education Code “requires 403(b) vendors t...

Excerpt: ...tive unconscionability and the PAGA waiver. [1] BACKGROUND This is a putative “wage and hour” class action. Plaintiff used to work for SCMC. During the onboarding process, SCMC provided her with a policy packet that contains an arbitration agreement. (See Busheri Decl., Ex. A1, pp. 3-5.) On November 5, 2021, she signed the packet. (See id. at Ex. A1, p. 5.) Here, SCMC moves to compel arbitration of Plaintiff's individual causes of action. DIS...

Excerpt: ...“Defendant [allegedly] operates an industrial animal rendering and grease recycling facility [] that releases noxious off-site odors, causing material injury” to Plaintiffs' property and to the putative class members' properties “through negligence and nuisance.” (Complaint, ¶ 2.) Here, Defendant moves to quash Plaintiffs' business-records subpoena to nonparty Tetra Tech, Inc. (“Tetra Tech”). DISCUSSION The study is called the Odor S...

Excerpt: ...earing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department 11. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the ...

Excerpt: ... am. Plaintiff Shari Edwards may file a supplemental brief responding simultaneously to (a) Defendant's supplemental brief of December 1, 2023, and (b) the court's OSC. That brief is due on or before December 20, 2023. Defendant may file a supplemental reply on or before January 2, 2023. Governing Statute Code of Civil Procedure § 2033.280 provides in relevant part as follows: “If a party to whom requests for admission are directed fails to se...

Excerpt: ... amended complaint (“SAC”) alleges that M&N Financing Corp. (“M&N”) and Nasiry “operated a business that purchased retail installment sales contracts [] from used car dealerships.” (Department of Fair Employment and Housing v. M&N Financing Corp. (2021) 69 Cal.App.5 th 434, 437 (“M&N”).) [1] “In deciding how much to pay for the contracts, defendants used a formula that considered the gender of the car purchaser.” (Id. at 437-4...

Excerpt: ...lass. The proposed class is not alleged in the complaint. Plaintiff needs to amend the complaint to allege the proposed class, and Defendant needs to be given a chance to file a demurrer or motion to strike. Plaintiff's motion is denied as to the proposed subclass. Plaintiff fails to meet all certification prongs. BACKGROUND Safe-Guard provides vehicle service contracts (“VSCs”), which are agreements to repair and/or replace covered parts of ...

Excerpt: ...nds to hold an evidentiary hearing with testimony under oath to determine whether Plaintiff signed the arbitration agreement and/or impliedly accepted it. BACKGROUND “PeopleReady is a staffing agency that specializes in providing quick and reliable temporary workers, which PeopleReady calls ‘Temporary Associates,' to client employers.” (Mering Decl., ¶ 3.) “PeopleReady provides Temporary Associates to client employers in a wide range of ...

Excerpt: ...ertification is denied in full. BACKGROUND This is a putative class action. The operative complaint alleges: [T]he Farmers Defendants utilize a software program throughout California known as 360Value to determine the replacement cost of an insured's dwelling. The Farmers Defendants use that replacement cost to set policy limits for the insurance policies they sell to insureds in California. However, 360Value is inherently inaccurate. Nonetheless...

Excerpt: ...s of action is sustained with leave to amend. The class causes of action will be addressed at the hearing. BACKGROUND Plaintiff alleges that Defendants hire workers to perform coding and auditing services but misclassify them as independent contractors and subject them to “wage and hour” violations. The first amended complaint (“FAC”) is brought on behalf of current and former independent contractors. Plaintiff asserts nine causes of acti...