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...

Excerpt: ...mer Legal Remedies Act (“CLRA”); · overruled as to the Unfair Competition Law (“UCL”); · sustained with leave to amend as to the False Advertising Law (“FAL”); · sustained with leave to amend as to breach of express warranty; and · sustained with leave to amend as to negligent misrepresentation. Healthy Spot's motion to strike is granted to the extent Plaintiffs request nonrestitutionary disgorgement. BACKGROUND This is an alleged...