Excerpt: ...ethodology ordinarily also is an appropriate basis for award of fees with respect to a PAGA settlement. With respect to the PAGA settlement the court has approved, Plaintiffs' two counsel together request an award of one-third of the common fund benefit obtained, to be distributed to the LWDA and, in the statutory one-quarter percentage, to the group of aggrieved employees. The amount requested is $113,333.33. Counsel also attest (but have not sh...

Excerpt: ...munity College District RESP. PARTY: None DEMURRER (CCP § 430.10, et seq.) TENTATIVE RULING: Defendant Rio Hondo Community College District's Demurrer is PLACED OFF CALENDAR. Because the Complaint alleges damages in excess of $25,000.00, this limited jurisdiction court does not have jurisdiction over the action. The case is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of f...

Excerpt: ...essive Trustee RESP. PARTY: Plaintiff Fred Tucker as trustee of the Zula Tucker Living Trust Dated September 15, 2006, in pro per DEMURRER (CCP § 430.10, et seq.) TENTATIVE RULING: To provide Plaintiff an opportunity to find and retain counsel, the Demurrer to Plaintiff's First Amended Complaint is CONTINUED to JUNE 3, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. The Court also sets an OSC re Legal Representation of Plain...

Excerpt: ...NDER 50 U.S.C.A. § 3952 (50 U.S.C.A. § 3952) TENTATIVE RULING: Plaintiff's Application for Court Order Granting Relief Under 50 U.S.C.A. § 3952 is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of April 16, 2021 [ ] Late [X] None REPLY: None filed as of April 16, 2021 [ ] Late [X] None ANALYSI...

Excerpt: ...ty Records.” (Minute Order, Oct. 30, 2020, (the Order).) In the Order, the court also granted the “Motion to Quash All Outstanding Third-Party Order for Appearance and Examination in this Case as to Anyone and Everyone and Order of Extinguishment of All Liens Thereby Created; Order Barring Enforcement of Any Judgment that Remains in this Case that is Not the Result of a Code of Civil Procedure § 664.6 Enforcement” with respect to Ms. Mirsk...

Excerpt: ...n order quashing in its entirety the May 12, 2020 deposition subpoena served by Plaintiffs noticing the deposition of Dr. Burke and demanding production of documents. The subpoena demands production of the following very broad categories of documents: (1) All DOCUMENTS related to the FACILITY during the time period October 23, 2015 through the present. (2) All DOCUMENTS related to the INCIDENT 1 during the time period October 23, 2015 through the...

Excerpt: ...f documents demanded in a subpoena served on the County of Los Angeles Department of Public Health (LADPH) on May 13, 2019. There appears to be no dispute that LADPH has produced responsive documents but has redacted the names and residential addresses of Porter Ranch residents whom LADPH surveyed through questionnaires with respect to health effects from the SoGalGas storage tank blowout. Further, LADPH has refused to produce the names and ident...

Excerpt: ...n 1281.4. Plaintiff Brown filed a PAGA action in this court after having filed in federal district court a case that is both a putative class action and a PAGA case alleging violations that overlap the issues raised in this case. A petition to compel arbitration is pending in the federal action. The arbitration, if it proceeds pursuant to the federal court action, will concern a controversy which is an issue involved in this case – including wh...

Excerpt: ...iffs' expert witnesses will be deposed prior to deposing Defendants' expert witnesses. The time for expert depositions has now arrived, and it would be duplicative to have Defendants' experts deposed as percipient witnesses as well as to have them deposed as experts. In many instances experts will have percipient knowledge developed as a basis for an expert opinion, for example, where an expert examines part of an automobile that has failed. In t...

Excerpt: ... not opt‐into the FLSA portion, such that all funds are distributed. (2) The Notice should state in large type at the outset that class members need to submit a claim form in order the obtain all benefits of the settlement. (3) Why are workweeks before Apr. 1, 2015 weighted at 50%? This explanation needs to be provided to the court and also to the class members in the Notice. (4) If the parties wish to have uncashed check amounts go to the uncl...

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Excerpt: ...ring that the plaintiffs' counsel in this case and in Perez v. Culichitown Restaurants, Inc. (BC 651556) meet and confer and file a consolidated complaint in the two cases. In her opening papers Plaintiff in Garcia seeks to have this court allow Plaintiff to file a Petition for Coordination with the Chair of the Judicial Council. In the first place, Plaintiff does not need to seek the approval of this court to file such Petition. Secondly and mor...

Excerpt: ...ntends that the demurrer should be sustained as to all plaintiffs other than Patel on the ground that the Amended Complaint does not allege that any other plaintiff learned of the misrepresentations and omissions of defendants and relied on them. However, Patel is alleged to have acted as the agent of the other plaintiffs, and thus a misrepresentation by defendants relied on by Patel in negotiating the transaction entered into by all plaintiffs g...