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...

Excerpt: ...te for the coordination proceedings, and the designated reviewing court is the Second Appellate District. Petitioners' stay request is granted in part and denied in part. BACKGROUND Petitioners submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of the following cases (the “Included Actions”): * Caro v. Bright SP LLC, Case No. 19STCV29884 (Los Angeles Superior Court); * Adkison v. Oak Valley Hotel LLC, Ca...

Excerpt: ...ormation in the settlement agreement. Plaintiff should submit a redacted version for the public file. BACKGROUND This is a putative “wage and hour” class action. Recently, the parties reached a settlement of Plaintiff's individual claims. The settlement requires Plaintiff's individual claims to be dismissed with prejudice and the class claims to be dismissed without prejudice. Here, Plaintiff moves to seal the settlement agreement. LAW The co...

Excerpt: ...o strike the class claims is granted. BACKGROUND This is a putative “wage and hour” class action. Here, Defendant moves to compel arbitration of Plaintiffs' individual claims. DISCUSSION Existence, Authentication, and Assent “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any def...

Excerpt: ... continuance is granted. BACKGROUND This action (20STCV00004) is part of the coordinated Southern California Clergy Cases (JCCP 5101). Plaintiff claims a priest named Father Richard Coughlin sexually abused him in Anaheim, California from 1970 to 1974 when he was a minor. Plaintiff alleges that RCAB loaned Father Coughlin to the Los Angeles Archdiocese despite having actual or constructive knowledge that he was dangerous. Here, RCAB moves to quas...

Excerpt: ... stores nationwide, including in California. (See Cahoon Decl., ¶ 4.) Plaintiff worked for Defendant as a non-exempt employee from 9/24/09 to 6/28/22. (See id. at ¶¶ 6-7; see also First Amended Complaint (“FAC”), ¶ 7.) She seeks to bring a representative action under [PAGA] on behalf of aggrieved California employees to redress multiple alleged “wage and hour” violations. (4/11/23 Ruling Re: Motion to Compel Arbitration, p. 1, footnot...

Excerpt: ...xic tort action. The operative complaint alleges that tens of thousands of Plaintiffs suffered exposures to “elevated levels of hydrogen sulfide” and other chemicals emanating from the Dominguez Channel (“Channel”) in Carson, California. (First Amended Master Complaint (“FAMC”), ¶ 1.) Multiple Private Defendants (companies and individuals) allegedly discharged the chemicals into the Channel, and multiple Government Defendants alleged...

Excerpt: ... is continued to give Plaintiffs an opportunity to submit amended declarations that show reliance and causation or, if they are unable to submit amended declarations, to conduct discovery to find new class representatives. Subscriber Class – the hearing is continued to give Plaintiffs an opportunity to submit amended declarations that show reliance and causation or, if they are unable to submit amended declarations, to conduct discovery to find...

Excerpt: ...te the hearing 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 t...

Excerpt: ...mended Complaint, p. 1.) “The operative complaint is the second amended complaint (‘SAC').” (Ibid.) “It alleges that Plaintiff reached an agreement with West Hills Surgical Cen[t]er to pay the full amount for an outpatient surgery at West Hills Surgical Center.” (Ibid.) “Subsequently, West Hills Hospital charged her $500 for ‘Hospital Services' even though she ‘never actually stepped foot into the West Hills Hospital' and ‘was c...

Excerpt: ...dants filed a motion to compel arbitration. On 1/26/21, Judge Ann Jones granted the motion to compel and stayed the case pending the completion of arbitration. On 12/30/22, the arbitration provider emailed an imtial invoice to the parties. On 3/15/23, the arbitration provider confirmed that Ithad not received payment from Defendants. Here, Plamtiff moves to lift the arbitration stay. LAW Code of Civil Procedure section 1281.97 states: In an emplo...

Excerpt: ...that Defendant recorded collection calls without consent In February 2023, the parties attended mediation and reached a settlement The settlement requires Plamtiffs individual claims to be dismissed with prejudice and the class claims to be dismissed without prejudice. Here, Defendant moves to seal all references to the settlement amount in: (1) the settlement agreement; and (2) the documents filed in connection with Plaintiffs motion to dismiss ...

Excerpt: ... in California. (See Cahoon Decl., 4.) Plamtiff worked for Defendant as a non-exempt employee from 9/24/09 to 6/28/22. (See id. at " 6-7; see also First Amended Complaint ("FAC"), 7.) She seeks to bring a representative action under [PAGA] on behalf of aggrieved California employees to redress multiple alleged "wage and hour" violations. (4/11/23 Ruling Re: Motion to Compel Arbitration, p. 1, footnote omitted.)[l] On 4/11/23, the Court heard Defe...

Excerpt: ...ined without leave to amend as to the tenth cause of action. BACKGROUND The first amended master complaint ("F AMCO alleges that tens of thousands ofPlaintiffs suffered exposures to "elevated of hydrogen sulfide" and other chemicals emanating from the Dominguez Channel ("Channel") in Carson: California. (FAMC: 1.) Multiple Private Defendants (companies and individuals) allegedly discharged the chemicals into the Channel: and multiple Govemment De...

Excerpt: ...nues to incur [costs] to investigate and remediate environmental contamination in the Carousel neighborhood tract in Carson California (the 'Site)." [Citation.] "The Regional Water Quality Control Board, Los Angeles Region (Water Board') issued a Cleanup and Abatement Order CCAO') determining that both Shell and Barclay [Hollander Corporation ("Barclay" or "BHCorp")] are responsible for the contammation and directing them both to 'assess, monitor...

Excerpt: ...te. DISCUSSION Defendant moves to bifurcate discovery, law and motion, and trial as to three issues: [1] whether Plaintiff was exempt from overtime because he was a driver under the California Code of Regulations ("CCR") and/or exempt from overtime under the CCR because he drove a truck that transported hazardous materials; [2] whether his meal and rest break claims are preempted by the Federal Motor Carrier Safety Administration and/or the Pipel...

Excerpt: ...aid date the hearing will be placed off calendar. Your hearing date set for in Department is continued to the first available date of 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 careåL11y review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly rul...

Excerpt: ... 209 Cal.App.4th 431 rule. BACKGROUND The relevant factual and procedural background is setforth in the Court of Appeal's June 5, 2020 opinion: Shell filed this lawsuit agamst BHCorp and Lomita Development Company (Lomita) on May 16, 2014. The operative pleading is the amended complaint, filed on August4, 2014, by which Shell sought indemnification for costs and fees incurred in litigating and settling a prior underlying matter (the Acosta action...

Excerpt: ...es more than 1,000 department stores nationwide, including in California. (See Cahoon Decl., ¶ 4.) Plaintiff worked for Defendant as a non-exempt employee from 9/24/09 to 6/28/22. (See id. at ¶¶ 6-7; see also First Amended Complaint (“FAC”), ¶ 7.) She seeks to bring a representative action under the Private Attorneys' General Act (“PAGA”) on behalf of aggrieved California employees to redress multiple alleged “wage and hour” viola...

Excerpt: ...ding involves hundreds of Plaintiffs. The complaints allege that clerU members sexually assaulted Plaintiffs when they were minors. The Institutional Defendants allegedly failed to protect Plaintiffs from the alleged assaults. On 1/26/23, the Court continued the hearing on Roe Defendants' motions to quash in Doe Plaintiffs' individual cases and ordered supplemental briefing. On 2/16/23, the parties filed supplemental briefs. On 3/3/23, they filed...

Excerpt: ...ing 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 mot...

Excerpt: ...da 1, LLC, Zoriall, LLC, and Anne Kihagi (collectively “San Francisco Plaintiffs”) Department: 11 Judge: David S. Cunningham III ____________ TENTATIVE RULING Petitioners' petition for coordination is denied. Petitioners' stay request is denied. BACKGROUND The Lin Dee Liu Loan Cases are five individual actions pending in San Francisco Superior Court and Los Angeles Superior Court. According to Petitioners: * Anne Kihagi is either a named Plai...

Excerpt: ...Laughlin in support of Plaintiff's Unopposed Request for Dismissal of the Entire Action pursuant to California Rules of Court, Rule 3.770. Specifically, Herbivore seeks to redact the total amount of the settlement, the advertised name of the product, the payment schedule, the account routing number, the account number, and banking institution. The Court authorizes the redaction of the account routing number, the payee accounting number, and the b...

Excerpt: ...Superior Court as the site for the coordination proceedings, and the designated reviewing court is the Second District Court of Appeal. Edison Defendants' stay request is granted. BACKGROUND The Fairview Fire Cases are seven individual lawsuits filed by 156 plaintiffs against SCE. [1] They arise out of the 9/5/22 Fairview Fire that ignited near Hemet, California in Riverside County, which allegedly burned “28,307 acres, damaged or destroyed 44 ...

Excerpt: ...rrer, Retailer Defendants' demurrer is moot. BACKGROUND CERT “is a California public benefit corporation” headquartered in Los Angeles County. (First Amended Complaint (“FAC”), ¶ 1.) [1] Retailer Defendants are “retailers of products called ‘air fryers' that have been sold in California, including within Los Angeles County.” (Id. at ¶ 6.) On 6/30/21, CERT “served a pre-suit notice of violation pursuant to Health & Safety Code se...

Excerpt: ...d busser when she was a minor and as an adult. She asserts multiple “wage and hour” causes of action – failure to pay overtime wages, failure to provide meal breaks, failure to provide rest breaks, etc. In August 2016, Plaintiff started working for Defendant and signed an arbitration agreement. Ultimately, Judge Ann Jones denied Defendant's motion to compel arbitration under the 2016 agreement because Plaintiff was a minor when she signed i...