Excerpt: ...ppears that the Director Defendants failed to: · lodge an unredacted version of the first amended complaints (“FACs”) conditionally under seal; and · submit redacted versions for the public file. The Court has not been able to locate these documents. The Court orders the Director Defendants to comply with these requirements. BACKGROUND At issue is the Director Defendants' motion to seal a portion of: · paragraph 603 in the FAC in Arriaza v...

Excerpt: ...nd the designated reviewing court is the Second Appellate District. Petitioner's stay request is granted. RELEVANT PROCEDURAL HISTORY Macy's submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of the following cases (the “Coordination Cases”): · Kamel v. Macy's Retail Holdings, LLC, Case No. RG1104047 (Alameda Superior Court); · Valdovinos v. Macy's West Stores, Inc., Case No. 20STCV04053 (Los Angeles S...

Excerpt: ...demurrer to the second cause of action for human trafficking under Civil Code section 52.5 is sustained with leave to amend. The demurrer to the ninth cause of action for sexual harassment under Civil Code section 52.5 is sustained with leave to amend. The demurrer to the thirteenth cause of action for gender violence under Civil Code section 52.4 is sustained with leave to amend. BACKGROUND This is a Judicial Council Coordinated Proceeding invol...

Excerpt: ...M fails to show assent (the arbitration agreement fails to define “Company” and “Employee”). The Court declines to reach the choice-of-law and modification issues. BACKGROUND This is a purported class action. Plaintiff asserts causes of action for failure to pay overtime, failure to provide meal breaks, failure to provide rest breaks, failure to pay wages at separation, failure to provide accurate wage statements, and violation of Busines...

Excerpt: ...the amount of $2,500,000.00 to be paid from the gross amount. · Blasa Reyes's (“Reyes”) costs and Wendy Flores's (“Flores”) costs. [1] · Plaintiffs' request for costs for the settlement administrator in the amount of up to $62,000.00 to be paid from the gross amount. · Plaintiffs' request for incentive awards for Reyes and Flores to be paid from the gross amount, except the Court reduces the incentive awards to $10,000.00 each. [2] · ...

Excerpt: ...LLP, as Class Counsel are awarded $124,987.40 in attorney fees and $9,974.45 in costs.; (4) Class representative Adriana Hernandez is awarded an enhancement payment of $7,500; (5) The claims administrator, KCC, is awarded $31,500 in costs; (6) $11,250 (75% of $15,000 PAGA penalty) payable to the LWDA (¶41.d); and (7) Plaintiffs' counsel shall file a proposed Order and Judgement, consistent with this ruling the class definition and full release l...

Excerpt: ...ly 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 research attorney review the motion. I. MOVING PAPERS (Motion and Declarations) All facts submitted for the court to consider must be provided in the form of a declaration or other admissible evidence. The court will not consider facts stated only in the motion. A. Introductory I...

Excerpt: ...emurrer is overruled as to the unlawful prong. TVEP's demurrer is moot as to the unfair prong. BACKGROUND This is a putative class action. Plaintiff alleges that she made three trips to TVEP's emergency room. For two of the trips, Plaintiff claims TVEP balance billed her – i.e., billed her directly “for the difference between the bill[s] submitted and the payment[s] received” from her insurer. (Complaint, ¶ 2.) Plaintiff contends the alleg...

Excerpt: ...vide Plaintiffs an opportunity to file a motion to appoint Solis as Leal's successor in interest (the motion to be appointed must be filed and decided before the motion for leave to amend can be decided). The Court anticipates discussing a briefing schedule and new hearing date with the parties. BACKGROUND This is a putative class action. The operative complaint alleges wage-and-hour violations, meal-break violations, rest-break violations, etc. ...

Excerpt: ...ses of settlement; (2) The Court finds that the settlement is fair, adequate, and reasonable; (3) Class counsel, Shegerian & Associates, Inc., is awarded $33,333.33 in attorney fees and $4,418.50 in costs; (4) Class representative Barbara Felder is awarded an enhancement payment of $ 5,000 ; (5) The settlement administrator, Simpluris, Inc., is awarded $2,500 in costs; (6) Payment of $1,500 (75% of $2,000 PAGA penalty) payable to the LWDA is appr...

Excerpt: ...JN”) is granted in full. Element's objections to paragraphs 4 and 8 through 12 of Plaintiff's declaration are overruled. Element's objections to paragraphs 6 through 10 of Jarrett Gorlick's declaration are overruled. Element's objections to Plaintiff's trial plan are overruled. The objections constitute substantive arguments against the trial plan, not evidentiary objections. [2] Plaintiff's motion for class certification is granted. It is a pr...

Excerpt: ...s but not their truth. The motion to stay appears to be moot because Plaintiff represents that he intends to dismiss FedEx. At the hearing, the Court will ask counsel whether FedEx has been dismissed yet. If it has been dismissed by that time, the motion to stay will be moot. If it has not been dismissed, the Court will either set a date certain for dismissal or – if Plaintiff reneges on dismissal – provide FedEx an opportunity to submit a su...

Excerpt: ...rders the parties to provide supplemental briefing on the following issues: · The arbitration agreement's failure to define “Company” and “Employee.” · The arbitration agreement's “Connecticut law” provision. · Whether the arbitration agreement only permits PPM to modify the terms and provides remedies to PPM that are not available to Plaintiff. BACKGROUND This is a purported class action. Plaintiff asserts causes of action for fai...

Excerpt: ..., and overrule Defendant's objections 2, 3, 4, 5. [1] Deny summary judgment. Deny summary adjudication as to the first (failure to provide rest breaks) and fourth causes of action (violations of Business & Professions Code section 17200 (“UCL”)). Grant summary adjudication as to the fifth cause of action (failure to provide meal periods). Continue the hearing as to the second (failure to provide accurate wage statements) and third causes of a...

Excerpt: ...ner, 33 Taps, LLC ("Petitioner/Plaintiff"), submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of 12 cases. The Included Actions are:  33 TAPS, LLC dba 33 Taps Hollywood v. County of Los Angeles, Case No. 20STCV47771 (Los Angeles Superior Court)  640 Tenth LP dba Cowboy Star Restaurant and Butcher Shop v. County of San Diego, Case No. 37-202 1-00001129-CU-MC-CTL (San Diego Superior Court)  Pizzeria ...

Excerpt: ...otion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSITION: Timely filed January 14, 2019 REPLY: Timely filed January 23, 2019 <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The court DENIES the motion. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ Background This case arises from allegati...

Excerpt: ...0056004c005700 0047[ <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The Unopposed Motion for Final Approval of Class Action Settlement is GRANTED for a Participating Class Member group that excludes the Class Members who did not receive notice because the notice packets were undeliverable. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003[<0003000300030003000300...

Excerpt: ...statutory meet and confer requirements or that the subject motion is timely. The Court DECLINES to award monetary sanctions against Plaintiff, finding that Plaintiff was substantially justified in bringing the subject motion. STATEMENT OF THE CASE This case arises in connection with workers' compensation policies that Plaintiff Carlos Mier (dba Mier's Ice Cream, “Mier”) allegedly had with Defendant Employers Compensation Insurance Company (�...

Excerpt: ...SITION: Timely filed January 15, 2019 REPLY: Timely filed January 22, 2019 <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The motion does not demonstrate a meaningful meet and confer as required by the statute, so the court CONTINUES the motion to February 19, 2019, and ORDERS the parties to further meet and confer regarding the subject discovery. Plaintiff is ORDERED to submit a declaration by...

Excerpt: ...RULING The Court OVERRULES the demurrers. The Court is inclined to GRANT the motions in-part with respect to Plaintiff's punitive damages claim and to otherwise DENY the motions. Defendants are further instructed to withdraw the entire requests for judicial notice documents and to file new versions of the documents that properly redact all sensitive information. Plaintiff is likewise instructed to withdraw the filed exhibits to the Complaint and ...

Excerpt: ...The court GRANTS the motion and AWARDS Defendants $1,985 in monetary sanctions against Plaintiff Austreberto Vargas to compensate Defendants for the attorney's fees and costs incurred due to Plaintiff's failure to appear at the two noticed depositions and for the subject motion. Counsel for Defendants to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants National Default Servicing Corporation (“National Defau...

Excerpt: ...r to the fourth cause of action. At the hearing, Defendant Chase should be prepared to discuss whether the accompanying Hyatt Declaration is sufficient to meet the requirements of Code of Civil Procedure, section 430.41, subdivision (a), and the parties should be prepared to discuss whether a reasonable possibility exists that Plaintiff can cure the identified defects, in light of the deemed admissions. Counsel for Defendant JPMorgan Chase Bank, ...

Excerpt: ...y, LLC and Shirin Hekmat, M.D. OPPOSING PARTY: Plaintiff People of the State of California, ex rel. State Farm Mutual Automobile Insurance Company COURT'S TENTATIVE RULING The court DENIES the motion. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants Beverly Hills Center for Arthroscopic and Outpatient Surgery, LLC (“Beverly Hills”), Shirin Hekmat, M.D. (“Hekmat”) and Toby Robins...

Excerpt: ...dgment in its entirety. Counsel for Plaintiff Debra Savala to give notice. STATEMENT OF THE CASE This action arises from Plaintiff Debra Savala (“Savala”)'s allegedly wrongful termination from Wells Fargo Bank, National Association (“Wells Fargo”).[1] Savala alleges that she was forced to take a medical leave of absence on December 19, 2014 and that Defendants wrongfully filled her position in July 2015 while she was on leave and in subse...

Excerpt: ...e. STATEMENT OF THE CASE This case arises in connection with Plaintiffs Adam and Mindy Caplan (collectively the “Caplans”)'s alleged purchase of a 2011 Chrysler Town and Country vehicle on March 19, 2011 (the “Subject Vehicle”), which was allegedly manufactured and/or distributed by Defendant FCA US, LLC (“FCA”). The Subject Vehicle allegedly contained or developed defects during the warranty period including, but not limited to, elec...