Excerpt: ... the third cause of action for civil conspiracy as to Sabal Storage; the fourth cause of action for conspiracy to defraud as to Sabal Storage; and aiding and abetting conspiracy as to Sabal Storage B. Motion to strike: 1) Denied, to the extent the motion to strike seeks Plaintiffs right to seek the value of the Sabal Storage property stemming from the alleged actual fraudulent transfer; 2) Granted, without leave to amend as to the request for ren...

Excerpt: ...endant is defending claims on behalf of 7-Eleven. Section 11.1(c)(ii) of the 1988 Purchase and Sale Agreement states that Southland Corporation is to indemnify Defendant for certain claims. Section 11.4(a) states the Indemnifying Party must defend any claim with respect to which it is obligated to indemnify the Indemnified Party, and that “Any such contest may be conducted in the name and on behalf of the Indemnifying Party or the Indemnified P...

Excerpt: ...solvent Insurers”), pursuant to orders appointing the Insurance Commissioner as Liquidator and Restraining Orders. Prior to their insolvency, the Insolvent Insurers entered into a number of reinsurance agreements with various reinsurers to reinsure their workers' compensation obligations. In an effort to wind up the Insolvent Insurers' affairs, the Commissioner has negotiated with reinsurers to commute reinsurance agreements, and to fully and f...

Excerpt: ...g withheld under a claim of privilege, or whether Defendant intends to produce, in redacted format, any responsive documents; if responsive documents do not exist, Defendant must provide an appropriate verification to that effect; following production of the privilege log, if the parties still have a dispute as to production of documents responsive to the Wallace subpoena, Court to conduct an in camera review, and require Defendant to lodge copie...

Excerpt: ...al identifying information tracked, collected, and shared by MobilityWare and its partners for targeted advertising and other commercial exploitation. [Third Amended Complaint (“TAC”), ¶1.] This conduct allegedly violates California state laws (such as California's Constitutional Right to Privacy; Intrusion Upon Seclusion, the California Online Privacy Protect Act of 2003 (CalOPPA), Cal. Bus. & Prof. Code §22575; the California Consumer Pri...

Excerpt: ... employed by Defendants The Fairmont Miramar Hotel and Bungalows, Newport Beach Hotel Management Company, and Fairmont Hotels & Resorts, Inc. [Second Amended Complaint (“SAC”), ¶1.] Plaintiffs individually and on behalf of the class they seek to represent, seek relief against Defendants for the failure to pay all wages due in violation of California Labor Code sections 510 and 1194, including both regular and overtime wages, the failure to p...

Excerpt: ...modal and warehousing services, and utilize drivers, which retrieve container freight from ports and rail yards, and then drive long distances to deliver the freight to Defendants' customers. [Complaint, ¶1.] Plaintiff alleges Defendants misclassified him and their other intermodal truck drivers (“Drivers”) as “independent contractors” instead of “employees.” [Complaint, ¶1.] Plaintiff alleges that Defendants' classification scheme ...

Excerpt: ...irst Amended Class Action Complaint (“FAC”), ¶2.] USSI is a healthcare staffing company that employs hourly health care professionals for short-term travel assignments at health care providers throughout California and elsewhere. [FAC, ¶7.] Plaintiff alleges that in addition to an hourly wage rate, for each hour that Travelers work, Defendant pay Travelers an hourly rate for housing and meals and incidentals expenses for the duration of the...

Excerpt: ...�), ¶19.] Plaintiff's duties allegedly consisted of excavating and installing pipelines for private landscaping projects throughout Southern California. [Id.] However, Defendants allegedly systematically failed to pay minimum and overtime wages to Plaintiff and other similarly situated non-exempt employees. [FAC, ¶20.] Further, Defendant allegedly failed to provide Plaintiff and the putative class compliant meal periods; second duty-free meal p...

Excerpt: ...ositions: 1) the depositions shall be limited to one eight (8) hour session for each deponent; and 2) the parties are to equally divide the expenses in taking these depositions. DISCUSSION I. Background In the Health Net litigation, the Insurers informed Health Net on July 10, 2017 that they planned to depose Hilda Gonzalez and Eileen O'Donnell. Defendant AISLIC (which has since settled) had on January 18, 2018 served a deposition notice on Healt...

Excerpt: ...$2,200 Amount Taxed: $733.33 Amount Awarded: $1,466.67 Total amount to be taxed: $1,525.79 Total amount to be awarded: $3,051.61 DISCUSSION I. Background This is a putative class wage-and-hour case. Plaintiff alleges that he worked for Defendant as a non-exempt, hourly employee from April 2014 through July 2017, and that he regularly worked ten hour shifts from Monday through Friday. [Complaint, ¶18.] Plaintiff alleges that Defendants have faile...

Excerpt: ...s discriminated against African-American and female employees by failing to pay and promote them. [Third Amended Consolidated Complaint (“TAC”), ¶12, 18- 20.] Plaintiffs allege that Defendants have engaged in endemic race-based and gender employment discrimination in pay, including: a) consistently paying their African-American employees at a wage rate less than that paid to their White employees for substantially similar work [TAC, ¶32(a)]...

Excerpt: ...tiff alleges that he and the other aggrieved employees were hired by Defendants (as commercial truck drivers), and were classified as hourly paid or nonexempt employees. [First Amended Complaint (“FAC”), ¶21.] Defendants allegedly classified Plaintiff and the other aggrieved employees as hourly-paid or non-exempt employees, and failed to compensate them for all hours worked, missed meal periods and/or rest breaks. [FAC, ¶21.] Plaintiff alle...

Excerpt: ... residential properties of four or fewer units (“Residential Properties” or “Residential Customers”) for sewer use as a result of overstating the amount of sewage generated by those customers. [First Amended Complaint (“FAC”), ¶1.] Plaintiffs allege that residential properties have water meters to keep track of the actual volume of incoming waters, but do not have sewer meters for measuring the actual volume of outgoing sewage. Thus,...

Excerpt: ...loyee from April 2014 through July 2017, and that he regularly worked ten hour shifts from Monday through Friday. [Complaint, ¶18.] Plaintiff alleges that Defendants have failed to provide him and all other similarly situated individuals with meal periods; failed to provide them with rest periods; failed to pay them premium wages for missed meal and/or rest periods; failed to pay them premium wages for missed meal and/or rest periods at the regu...

Excerpt: ...care company. Plaintiff alleges that it purchased professional liability policies from Defendants that promise to pay “all sums,” including defense costs that Health Net becomes legally obligated to pay as a result of covered claims. [Second Amended Complaint (“SAC”), ¶1.] Plaintiff alleges that its primary insurer, American International Specialty Lines Insurance Company nka AIG Specialty Insurance Company (“AISLIC”), has not honore...

Excerpt: ...r on the selection of a Special Master, but if Kaiser/Rawlings and Plaintiffs cannot agree on the selection of one of the Special Masters proposed by Plaintiffs, Kaiser/Rawlings must submit a list of three (3) suggested Special Masters, and the Court would subsequently make its selection DISCUSSION I. Background In this coordinated litigation, Plaintiffs have sued the Defendants, manufacturers of the prescription drug Actos (the trade name for pi...

Excerpt: ... arbitration proceedings DISCUSSION I. Background This is a putative wage-and-hour class action. Plaintiff Vincent Cotto is employed for Defendants Bridgestone Retail Operations, LLC (“BRSO”) as a Technician at its Walnut, California branch. [First Amended Complaint (“FAC”), ¶9.] Plaintiff alleges that with regard to Defendants' Technicians, Defendants have: a. Failed to pay premium wages at the legal pay rate; b. Derivatively failed to ...

Excerpt: ...NFORMATION IN SUPPORT OF TIG'S OPPOSITION TO MERITOR, INC.'S MOTION FOR SUMMARY ADJUDICATION ON TIG'S “EXPECTED OR INTENDED” AND “KNOWN LOSS” AFFIRMATIVE DEFENSES APPLICATION TO SEAL DOCUMENTS IN SUPPORT OF REPLY TO MOTION FOR SUMMARY ADJUDICATION ON TIG INSURANCE COMPANY'S “EXPECTED OR INTENDED” AND “KNOWN LOSS” AFFIRMATIVE DEFENSES TENTATIVE RULINGS 1. Deny motion for summary adjudication in full 2. Grant applications to seal DI...

Excerpt: ...nt baseball season. [Complaint, ¶8.] She alleges that Defendant has violated various provisions of the California Labor Code and Unfair Practices Act. In particular, Plaintiff alleges claims for violation of Labor Code §226 (not providing compliant wage statements); Labor Code §226.7 (failing to provide rest periods); Labor Code §§201‐203 (failing to timely pay all wages at the end of employment and waiting time penalties); Business & Prof...

Excerpt: ...t to answer within thirty (30) days from the date of the Court's final ruling DISCUSSION I. Background Plaintiff Manuel I. Figueroa, M.D. has brought this putative class action complaint against Defendant Molina Healthcare of California, Inc. (“Molina”). Plaintiff alleges that Molina failed to comply with obligations imposed upon it by §1202 of the Patient Protection and Affordable Care Act (“ACA”) and its attendant federal statutory pro...

Excerpt: ...e coverage action. Plaintiff Health Net is a Los Angeles‐based managed health care company. Plaintiff alleges that it purchased professional liability policies from Defendants that promise to pay “all sums,” including defense costs that Health Net becomes legally obligated to pay as a result of covered claims. [Second Amended Complaint (“SAC”), ¶1.] Plaintiff alleges that its primary insurer, American International Specialty Lines Insu...

Excerpt: ...ON I. Background This is a putative wage and hour class action, seeking relief for Defendant Norm's Restaurants' alleged failure to provide meal periods, rest periods, overtime wages, minimum wage, and all wages due to discharged and quitting employees, and alleged failure to maintain required records, furnish accurate itemized statements, and to indemnify employees for necessary expenditures incurred in discharge of duties. Plaintiff propounded ...

Excerpt: ...IABILITIES TENTATIVE RULING 1. Deny motion for summary adjudication in full 2. Grant applications to seal DISCUSSION I. Background This insurance coverage action arises in connection with various claims that have been filed or may in the future be filed against Defendants Rockwell Automation, Inc., ArvinMeritor, Inc., and Invensys, Inc. (collectively, the “Rockwell Defendants” or the “Rockwell Parties”) for alleged bodily injuries purport...

Excerpt: ...ere are objections to the curative notice, the Court will rule on those objections at the appropriate time; 3) Deny the request for expedited discovery regarding the solicitation campaign, and find that discovery should proceed in accordance with the Code of Civil Procedure and the Court's CMO DISCUSSION I. Background In these consolidated wage‐and‐hour putative class actions, Plaintiffs Richard Rocha, Brian Mikuta, and Vanessa Mazon allege t...

Excerpt: ... period. 2. File a declaration, indicating a detailed list of costs totaling 13,798.22, including an explanation and description of the cost item of $10,750. 3. File a [proposed] order granting final approval, which includes the class definition, full release language and names of the three class members who opted out of the settlement. Subject to the above, the Court awards/approves the following: (1) $133,320 for attorneys' fees to class counse...

Excerpt: ... proceeds received by counsel and three class representatives (John Faitro, an individual and as the personal representative of the Estate of Laura Lee Faitro, deceased; Arturo & Elvia Renteria, as individuals and as the personal representatives of the Estate of Ana Renteria, deceased; and Bridget Sandoval, an individual) in a purported global settlement with Defendants. Defendants' counsel also seeks an order sealing exhibits attached to the opp...

Excerpt: ...y? a. Cooling‐Off period provision provides that for 36 full months after termination of the class period, no class member will be permitted to bring a lawsuit or administrative action asserting or alleging claims for odor, dust, or other alleged emissions from SCL. The cooling off period does not prevent claims from accruing during this time, but serves as a bar to the initiation of litigation prior to its expiration. b. While the settlement c...

Excerpt: ...e construction of their residences against Defendant KB Home, the developer and general contractor of the homes. Plaintiffs allege claims for strict products liability, strict products liability (component products), violation of building standards set forth in Civil Code §896, breach of implied warranty of merchantability, breach of contract, negligence, and breach of express warranty. The Plaintiffs have settled their claims with KB Home. KB H...

Excerpt: ...s out of an ongoing wrongful scheme by Defendants to deny their employees the benefits due under California's wage and hour laws for work performed in California. [Complaint, ¶13.] Plaintiff alleges claims for meal period violations, rest period violations, recovery of unpaid minimum wage and overtime, unpaid reporting time pay, unpaid wages during employment, failure to pay wages due at separation of employment, failure to issue accurate itemiz...

Excerpt: ...ting on behalf of the employer [Complaint, ¶5]), alleging that Defendant deprived Plaintiff and the putative class of, inter alia, unpaid wages and unpaid overtime. [Complaint, ¶1.] In particular, Plaintiff alleges that he and the putative class were subject to Defendants' policy by which adjunct faculty are not paid for the time spent working outside of the classroom (through which Defendants unlawfully withheld the wages of Plaintiff and the ...

Excerpt: ..., deep vein thrombosis, and pulmonary embolisms following knee and hip replacement surgery) and individual prescribing physicians. Plaintiffs claim a variety of injuries, and allege various causes of action. Specially appearing Defendants Janssen Pharmaceuticals, Inc., Janssen Research & Development, LLC, Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare LLC and Bayer Corporation (“Defendants”) filed a motion to quash service of summons...

Excerpt: ...ctos. Some of the Plaintiffs are the successors‐in‐interest to the Estate of Afonso Valentim, while other Plaintiffs were additional persons who were prescribed Actos and developed bladder cancer. The parties in the Actos litigation entered into a confidential settlement agreement. However, a disagreement arose among Afonso Valentim's heirs as to how to apportion the wrongful death proceeds. Counsel for Plaintiffs, The Miller Firm, requested ...

Excerpt: ...t of a settlement check is insufficient; 3. Remove the phrase “Late objections will not be considered” from page 5 of the Notice. In context, it creates the impression that Class Members may only appear at the Final Approval Hearing if they have first objected in writing; 4. Provide the Court with proof of submission of the settlement agreement to the LWDA; and <0095009600870090009600 00870003008300840091>ve and listing a calendar of events l...

Excerpt: ...racting Concepts, Inc. is also named in some of the cases making up the coordinated proceeding. Plaintiffs allege that Defendant misclassified them as independent contractors, instead of as employees. Plaintiffs in the coordinated cases, as a result of the alleged misclassification, assert various causes of action, including violation of California Labor Code §§510 and 1198 (unpaid overtime); violation of California Labor Code §§ 1194, 1197, ...

Excerpt: ...ass action. Plaintiff Kathleen Spratt alleges that she was employed by Defendant American Learning Foundation, Inc. (“ALF”), a privately‐owned, for profit corporation that provides a multitude of language‐related services, education, and training programs. [Complaint, ¶14.] Plaintiff alleges that Defendants routinely required Plaintiff and Class members to work in excess of 8 hours per day and 40 hours per week but failed to pay Plaintif...

Excerpt: ...n meets the requirements of the statute; and (3) if applicable, provides a declaration disclosing any interest or involvement, by any counsel or party, in the governance or work of the selected cy pres recipient; Counsel to prepare a proposed order of approval containing a calendar of events leading to the final approval hearing. Counsel to call court for a final approval hearing date. ...

Excerpt: ...f the owners of MDUs in, inter alia, the State of California by permanently affixing its satellite dishes and associated equipment to rooftops, external walls and other common or restricted areas without Landlord consent.” [Complaint, ¶2.] Plaintiffs bring this action to stop this alleged policy and practice. [Id.] Plaintiffs allege that DirecTV delivers its satellite television service to subscribers who reside in MDUs by means of satellite d...

Excerpt: ...N I. Background This insurance coverage action arises in connection with various claims that have been filed or may in the future be filed against Defendants Rockwell Automation, Inc., ArvinMeritor, Inc., and Invensys, Inc. (collectively, the “Rockwell Defendants” or the “Rockwell Parties”) [1] for alleged bodily injuries purporting to result from exposure to asbestos, as to which the Rockwell Defendants have asserted or will assert they ...

Excerpt: ...rm a supplemental regression analysis with the newly‐obtained data DISCUSSION I. Background Concurrently with the motion for class certification, Plaintiffs seek an order striking portions of the Declaration of Dr. Ali Saad, submitted in support of Defendants' opposition to the motion for class certification. Plaintiffs also seek $4,999.00 in sanctions against Defendants and/or their counsel. II. Motion for Sanction Plaintiffs, through this mot...

Excerpt: ...ed by Defendant 3760 Figueroa, LLC. [Complaint, ¶1.] Plaintiff alleges that he executed a written lease with Defendants, stating that Plaintiff's security deposit would be returned by check made payable to Plaintiff within 21 days after Plaintiff vacated the leased premises. [Complaint, ¶31.] The written lease executed between Plaintiff and Defendants stated that Defendants would deduct from the security deposits returned to Plaintiff amounts n...