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...