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...

Excerpt: ...y said date the hearing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department _. 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...

Excerpt: ...ntiffs”) Department: 11 Judge: David S. Cunningham III ____________ TENTATIVE RULING The hearing on Roe Defendants' motion to quash is continued. The Court declines to reconsider and/or analyze Doe Plaintiffs' original and new certificates of merit as part of this motion. BACKGROUND This coordinated proceeding involves hundreds of Plaintiffs. The complaints allege that clergy members sexually assaulted Plaintiffs when they were minors. The Inst...

Excerpt: ...e documents are court records. Defendants' Evidentiary Objections Objections 1 and 2 are sustained. The rebuttal report and the addendum were filed late. Objections 3 through 115 are overruled. Undisputed material facts are not evidence. Objections 116 through 196 are overruled. Defendants contend the documents contain irrelevant, prejudicial, and hearsay material. The objections are overbroad as applied to the entire documents. Defendants' Objec...

Excerpt: ... wine delivery drivers for Defendant. They allege multiple “wage and hour” violations and seek to represent a class of similarly situated current and former employees. Here, Defendant moves to compel arbitration of Plaintiffs' individual claims. DISCUSSION Waiver Plaintiffs argue that Defendant waived the right to compel arbitration. They claim Defendant waited 17 months to file the instant motion, participated in class discovery, and schedul...

Excerpt: ...aintiff's Exhibits 2, 3, 5, 12, 13, 15, 17, and 18 are overruled. Lyneer's objections to Plaintiff's Exhibits 8, 10, and 16 are sustained. Plaintiff's objections to paragraphs 9, 10, and 11 to the declaration of Stacey Cooper are overruled. Plaintiff's objections to Lyneer's Exhibits G, H, and I are overruled. Plaintiff's motion for summary adjudication is denied in full. BACKGROUND “Oxgord [Inc. (‘Oxgord')] is a company in Gardena, Californi...

Excerpt: ...lleged PAGA violations that occurred more than one year before 10/8/21. The hearing is continued for supplemental briefing as to alleged PAGA violations that occurred no later than one year before 10/8/21. [1] BACKGROUND The second amended complaint (“SAC”) alleges that Amazon.com and Amazon Logistics hire delivery drivers from labor contractors such as Green Messengers, Inc. (“Green Messengers”). Plaintiffs seek to represent current and ...

Excerpt: ...rnia Clergy Cases (JCCP 5101) involve hundreds of Plaintiffs. The complaints allege that clergy members sexually assaulted Plaintiffs when they were minors. The Institutional Defendants allegedly failed to protect Plaintiffs from the alleged assaults. At issue is M.M. v. Archdiocese of Los Angeles (22STCV07886). On 10/12/22, the Court heard Defendants' motion to vacate/strike M.M.'s complaint and first amended complaint (“FAC”). Defendants ar...

Excerpt: ...e. Atlas manufactures and assembles aerospace components. Plaintiff worked for Atlas from 12/29/14 to 12/30/19. She alleges that Atlas violated the Labor Code, UCL, and PAGA by failing to provide overtime pay, meal breaks, sick leave, etc. [1] Previously, the Court granted Atlas's motion to compel arbitration and stayed the action. Here, Plaintiff moves to lift the arbitration stay. LAW In an employment or consumer arbitration, if the drafting pa...

Excerpt: ...ned as to “including Plaintiff” and overruled as to the rest. * 14 is sustained as to the assertion that Plaintiff signed the arbitration agreement and overruled as to the rest. CitiStaff's motion to compel arbitration is granted as to Plaintiff's non-PAGA causes of action. [1] Plaintiff's class claims are stricken. The motion is premature as to Plaintiff's PAGA cause of action. The motion is denied without prejudice as to the claims against ...

Excerpt: ... granted as to Plaintiff's individual PAGA claim. [1] The case is stayed as to the representative PAGA claim. BACKGROUND Rhea worked for SVBH from July 2018 through October 2019. (See Complaint, ¶ 2.) He seeks to represent SVBH's “current and former non-exempt California employees[,]” alleging class and representative “wage and hour” causes of action under the Labor Code, the UCL, and PAGA. [2] On 7/27/18, Rhea signed an arbitration agre...

Excerpt: ...or supplemental briefing as to the second cause of action. BACKGROUND This is a putative class action. Plaintiff alleges that Defendants failed to provide compliant wage statements to current and former employees. [1] Here, S4J demurs to, and moves to strike, the first cause of action under Labor Code section 226 and the second cause of action under Private Attorneys General Act (“PAGA”) in the third amended complaint (“TAC”). DISCUSSION ...

Excerpt: ... in Los Angeles County. (See First Amended Complaint (“FAC”), ¶ 16.) EmployBridge is a California staffing agency. (See id. at ¶ 17.) EmployBridge assigned Plaintiff to work for Edelbrock. Eventually, Edelbrock hired her. Plaintiff claims EmployBridge and Edelbrock employed her. (See id. at ¶ 15; see also Mendoza Decl., ¶¶ 5-6.) The case started out as a putative “wage and hour” class action. Plaintiff filed the complaint on 5/18/20,...

Excerpt: ...iled by said date 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 ...

Excerpt: ...said date the hearing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department ____. 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 i...

Excerpt: ...the hearing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department ____. 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 th...

Excerpt: ...existence of the documents. Asheet Sharma declaration: Plaintiff's objection 1 is overruled; objection 2 is sustained as to the first two sentences; and objection 3 is sustained as to the second sentence. Luz Price declaration: Plaintiff's objections are overruled, except objection 6 is sustained as to the first sentence (“Once Ms. Gutierrez signed the Addendum to the Employee Handbook”). The Court intends to hold an evidentiary hearing to de...

Excerpt: ...t adopts Plaintiff's selection process. Each side must pick one arbitrator from the other side's arbitrator list (Plaintiff picked retired judge Diane Wayne). The Court will appoint one of them. BACKGROUND On 6/12/20, Plaintiff filed the complaint. The complaint alleges that Defendants operate a “24-hour Skilled Nursing Facility” in Long Beach, California without a license and that they fail to disclose their unlicensed status to customers. (...

Excerpt: ...uments but declines to judicially notice: * whether the documents appeared on the Office of Statewide Health Planning and Development's website at the time of Plaintiff's emergency treatments; and * the truth of the contents. Defendant's demurrer to Plaintiff's second amended complaint (“SAC”) is overruled as to the Unfair Competition Law (“UCL”) [1] and the Consumer Legal Remedies Act (“CLRA”). [2] BACKGROUND This is a class action. ...

Excerpt: ...d date 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 ord...

Excerpt: ... strike is denied. BACKGROUND This coordinated proceeding involves approximately 475 Plaintiffs. The complaints allege that clergy members sexually assaulted Plaintiffs when they were minors. The Institutional Defendants allegedly failed to protect Plaintiffs from the alleged assaults. Here, the Archdiocese, St. Anthony's Church, and St. Anthony's School move to strike G.T.'s individual first amended complaint (“FAC”), arguing that she filed ...

Excerpt: ...es commercials. [Perez] is a police officer. On 9/8/18, [Perez] and 10 other police officers performed freelance “traffic and pedestrian control services” while Radical filmed a Cadillac commercial in Downtown Los Angeles. [Citation.] [Perez] worked on the shoot for one day and never worked for Radical again. He claims Radical failed to (1) pay him on time, and (2) provide compliant meal and rest breaks. (4/29/22 Tentative Ruling Re: Motion f...

Excerpt: ... is a coordinated proceeding with more than 20 underlying actions. “After a person contracts chickenpox, the Varicella Zoster Virus (‘wild-type' virus) remains in a person's nervous system for life. When a person's immune competence declines, usually with advancing age, the virus can reactivate . . . in the form of” herpes zoster, more commonly known as shingles. (Plaintiffs' Response Separate Statement, UMF [1] 1.) Defendants manufacture Z...

Excerpt: ... said date 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...

Excerpt: ...d S. Cunningham III ____________ TENTATIVE RULING Plaintiffs' motion for reconsideration is denied. BACKGROUND Plaintiffs are former CWW employees. They allege “wage and hour” class claims regarding meal breaks, rest breaks, overtime wages, reporting time pay, wage statements, and separation pay. Plaintiffs allege that the class members are current and former non-exempt, hourly employees of CWW, BHWW, TWW, and KWW. PCH provides “payroll, ad...

Excerpt: ...finished is granted. BACKGROUND Arnoldo Orlando Jara (“Plaintiff”) is a California resident. Defendants allegedly employed him as a sales representative at Puente Hills Chrysler Dodge Jeep Ram. He alleges that Defendants engaged in “wage and hour” violations, sexual harassment, and retaliation, and he seeks to represent a class of similarly situated California employees. Plaintiff signed an arbitration agreement when he applied to work fo...

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: ...mediate environmental contamination in the Carousel neighborhood tract in Carson California (the ‘Site').” (Motion [in Limine], p. 1.) “The Regional Water Quality Control Board, Los Angeles Region (‘Water Board') issued a Cleanup and Abatement Order (‘CAO') determining that both Shell and Barclay are responsible for the contamination and directing them both to ‘assess, monitor, cleanup and abate' it.” (Ibid.) Shell claims, “[f]or ...

Excerpt: ...the hearing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department ____. 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 th...

Excerpt: ...ighborhood tract in Carson California (the ‘Site').” (Motion, p. 1.) “The Regional Water Quality Control Board, Los Angeles Region (‘Water Board') issued a Cleanup and Abatement Order (‘CAO') determining that both Shell and Barclay are responsible for the contamination and directing them both to ‘assess, monitor, cleanup and abate' it.” (Ibid.) Shell claims, “[f]or years,” it “has been performing the major environmental remedi...

Excerpt: ...ants”) Department: 11 Judge: David S. Cunningham III ____________ TENTATIVE RULING Plaintiffs' motion for class certification is granted in part. The Court certifies “meal break” and “rest break” issue classes to resolve two predominating common legal questions: * whether the written meal break policy in the July 2015 employee handbook complied with California law; and * whether Defendants' unwritten rest break policy complied with Cali...

Excerpt: ...14 are overruled. Plaintiff's motion for class certification is granted, but the Court is only inclined to certify an issue class. BACKGROUND Oxgord is a company in Gardena, California that sells car accessories. “It employs approximately 25 to 55 warehouse employees at any given time.” (Motion, p. 3.) Some of the warehouse employees are employed by Oxgord, and some of them are employed by a “temporary staffing agency” called Lyneer. (Ibi...

Excerpt: ...erruled. Declaration of Anselmo Gonzales: Selma's objection 1 is sustained; Selma's objections 2 through 5 are overruled. Selma's motion to compel arbitration is granted. BACKGROUND This is a class action. Plaintiffs allege “wage and hour” causes of action on behalf of current and former non-exempt, hourly employees of Tao Group Hospitality, 1601 Cahuenga Nightclub LLC, and 1615 Cahuenga LLC. Plaintiffs signed purported arbitration agreements...

Excerpt: ...8/18, Plaintiff and 10 other police officers performed freelance “traffic and pedestrian control services” while Radical filmed a Cadillac commercial in Downtown Los Angeles. (Opposition, p. 1.) Plaintiff worked on the shoot for one day and never worked for Radical again. He claims Radical failed to (1) pay him on time and (2) provide compliant meal and rest breaks. He seeks to represent two classes. The Code Class concerns “late pay” vio...

Excerpt: ...will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of _________ at _____ in Department 11. The purpose of this checklist is to provide direction on what information and argument the court requires to grant a motion for preliminary approval. The court urges the moving parties to carefully review the checklist and fully comply with each item that applies to your case. The court requests t...

Excerpt: ...laintiffs” or “Plaintiffs”) Department: 11 Judge: David S. Cunningham III ____________ TENTATIVE RULING The Non-Management Directors' demurrer is: * sustained without leave to amend regarding strict liability, breach of implied warranty, and negligent failure to recall; and * overruled regarding choice of law. BACKGROUND The Personal Injury Plaintiffs' exemplar first amended complaints (“FACs”) [1] assert 12 causes of action: * strict p...

Excerpt: ..., if any, in the settlement agreement, the request to dismiss the action, and the declaration of David Spivak. The remaining information in these documents should be unsealed. The TPG Defendants must submit redacted versions for the public file. BACKGROUND This is a “wage and hour” class action. The putative class has not been certified to date. On 12/8/21, the parties executed a settlement agreement and release. At issue is the TPG Defendant...

Excerpt: .... BACKGROUND At issue is Huh's [1] motion to quash for lack of personal jurisdiction in the Public Entity Plaintiffs' exemplar cases: · Grossmont Union High School District v. JUUL Labs, Inc., San Diego County Superior Court Case No. 37- 2020-00022412-CU-TT-CTL; and · San Diego County Office of Education v. JUUL Labs, Inc., San Diego County Superior Court Case No. 37- 2020-00018393-CU-MT-CTL. On 12/1/21, the Court denied Huh's motion to quash. ...

Excerpt: .... BACKGROUND At issue is Huh's [1] motion to quash for lack of personal jurisdiction in the Public Entity Plaintiffs' exemplar cases: · Grossmont Union High School District v. JUUL Labs, Inc., San Diego County Superior Court Case No. 37- 2020-00022412-CU-TT-CTL; and · San Diego County Office of Education v. JUUL Labs, Inc., San Diego County Superior Court Case No. 37- 2020-00018393-CU-MT-CTL. On 12/1/21, the Court denied Huh's motion to quash. ...

Excerpt: ...ate of _________________ at ________ in Department 11. The purpose of this checklist is to provide direction on what information and argument the court requires to grant a motion for preliminary approval. The court urges the moving parties to carefully review the checklist and fully comply with each item that applies to your case. The court requests the content of the motion follow the same order as this checklist, since that is how the judge and...

Excerpt: ...ass action. Plaintiffs allege “wage and hour” causes of action on behalf of current and former non-exempt, hourly employees of Tao Group Hospitality, 1601 Cahuenga Nightclub LLC, and 1615 Cahuenga LLC. Plaintiffs signed purported arbitration agreements in 2017. (See Reynoso Decl., ¶ 4; see also Gonzales Decl., ¶ 4.) Nonparty 6421 Selma contends it employed Plaintiffs and is a signatory to the purported agreements. (See, e.g., Reply, p. 6.) ...

Excerpt: ...ivil penalties under the Private Attorneys General Act (“PAGA”). The Court incorporates the “background” section from the tentative ruling on Culmin's prior demurrer to the first amended complaint (“FAC”): On 1/30/20, Plaintiff provided a “Notice of Labor Code Violations and PAGA Penalties” (“First PAGA Notice”) to the Labor and Workforce Development Agency (“LWDA”), stating his intent to pursue a PAGA representative actio...

Excerpt: ...udication is denied as to the “retroactive application” issue, the “res judicata” issue, and the “continued presence” issue. BACKGROUND Defendants operate a “lead-acid battery recycling facility” in Industry, California. (Motion, p. 1.) The facility allegedly emits airborne lead and arsenic that ends up in the soil of neighboring properties. Plaintiffs contend Defendants violated, and continue to violate, Proposition 65 by failing...

Excerpt: ...Defendants”) as a non-exempt, hourly maintenance crew member from January 2018 to 10/26/18. Plaintiff alleges “wage and hour” violations, namely, “off the clock” work, missed meal and rest breaks, wage statement penalties, and unreimbursed business expenditures. At issue is Plaintiff's request for default judgment against Defendants in the amount of $58,694.15. DISCUSSION Timeliness Plaintiff's request for default judgment is untimely b...

Excerpt: ...ithout leave to amend. Plaintiff's First Amended Class Action Complaint (FAC) was filed on July 23, 2021. Plaintiff alleges causes of action for: (1) failure to reimburse expenses; and (2) violations under the Private Attorneys General Act (PAGA). Plaintiff Patrick Krug, Ph.D (Plaintiff) alleges that Defendant Board of Trustees of the California State University (Defendant or CSU) failed to reimburse its employees for necessary business expenses ...

Excerpt: ...but will give Defendants an opportunity to respond to the reply evidence. BACKGROUND This is a putative class action. The operative complaint alleges wage-and-hour violations, meal-break violations, rest-break violations, etc. on behalf of Defendants' non-exempt employees. Blanca Leal (“Leal”) filed the case, but she recently passed away. On 10/12/21, the Court heard Defendants' motion to dismiss. Class counsel wanted to add Solis in Leal's p...

Excerpt: ...artment: 11 ____________ TENTATIVE RULING Petitioners' petition for coordination is denied. Petitioners' stay request is denied. PROCEDURAL HISTORY Petitioners submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of the following cases (the “Included Actions”): · Santellan v. National Ready Mixed Concrete Co., No. 20STCV34391 (Los Angeles Superior Court); · Myles v. Builders Concrete, Inc., No. BCV-20-10...

Excerpt: ...ed the purported arbitration agreement for the first time in reply, and it is unclear whether Plaintiffs signed the agreement. BACKGROUND This is a putative class action. Plaintiffs allege that they paid for a three-day real estate workshop from REKI. They claim the workshop was supposed to include one-on-one onsite coaching, but REKI cancelled the sessions and failed to offer refunds. Petitioners assert that Plaintiffs signed a purchase agreemen...

Excerpt: ...hat the settlement is fair, adequate, and reasonable; (3) Class counsel, Lidman Law, APC and Haines Law Group, APC (Michael Burgis & Associates, PC [referring attorney]), is awarded $159,770.49 in attorney fees and 25,124.67 in costs; (4) Class representative Jaime Campuzano is awarded an enhancement payment of $7,500; (5) The settlement administrator, Phoenix Settlement Administrators, is awarded $8,500 in costs; (6) Payment of $7,500 (75% of $1...

Excerpt: ... RULING The Institutional Defendants' request for judicial notice is granted. Plaintiffs' request for judicial notice is granted. The Institutional Defendants' motion to vacate is denied. BACKGROUND This is a Judicial Council Coordinated Proceeding involving more than 190 individual lawsuits. Plaintiffs are alleged victims of childhood sexual assault. They claim clergy members assaulted them when they were minors. The Institutional Defendants all...