Excerpt: ...med to be open.” The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No le...

Excerpt: ...25, 2024. The request for default judgment contains several problems which prevent the Court from entering the requested judgment at this time. · First and most dispositively, Plaintiff's operative complaint contains no amount of damages or attorney fees prayed for. There are no particulars in the complaint from which a defaulting party could ascertain the damages sought. The Court cannot enter a judgment in an amount exceeding that demanded in ...

Excerpt: ...ring which employment Defendants committed various violations of labor law. Defendants move to compel Plaintiff to submit his claims to binding arbitration pursuant to an arbitration agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party the...

Excerpt: ...o an agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate t...

Excerpt: ...idually and as trustee of the Trust) (collectively, Defendants). Plaintiff alleges that Defendants own and operate a residential hotel in which they engage in a “28-day shuffle,” wherein tenants were required to move out temporarily before 30 days of occupancy to prevent the tenants from obtaining certain protections and tenancy rights. Plaintiff brings causes of action for violation of Civil Code §§ 1940.1 and 52.1, for negligence, and und...

Excerpt: ... 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 motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge and research attorney rev...

Excerpt: ... of labor law. Defendant BluSky Restoration Contractors LLC (Defendant) moves to compel Plaintiff to submit her individual claims to arbitration, dismiss her class claims, and stay any remaining claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). The motion is unopposed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the exist...

Excerpt: ...having to be continued. 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 motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge an...

Excerpt: ... (2019) 34 Cal.App.5 th 1056, 1071. This is a proposed employment class action. Plaintiff Bianca Ball (Plaintiff) alleges that she and others were employed by defendants CDC Restaurant Group, Inc. (CDC) and Jeremiah Cillpam (collectively, Defendants), during which employment Defendants committed various violations of labor law. Defendants moved to compel Plaintiff to submit her claims to arbitration, including her class claims, pursuant to an arb...

Excerpt: ...ed by defendant Midas Trucking (Defendant), during which employment Defendant committed various violations of labor law. Plaintiff also alleges that Defendant wrongfully terminated him, retaliated against him, and defamed him. Defendant moves to compel Plaintiff to submit his individual claims to arbitration and to dismiss his class and non-individual PAGA claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). Legal Standar...

Excerpt: ...ants), during which employment Defendants committed various violations of labor law. Defendants move to compel Plamtiffto submit her claims to arbitration, including her class claims, pursuant to an arbitration agreements Plaintiff signed (the Agreement). Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:i On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a ...

Excerpt: ...ual claims to arbitration and to dismiss his class pursuant to an arbitration agreements Plaintiff signed (the Agreement). On April 20, 2023, the Court continued the hearing on the motion to allow supplemental briefing on the issues of 1) Defendants standing to enforce an agreement by "Subaru Pacific" when the fictitious business name registration had apparently expired and 2) Plaintiff being equitably estopped to deny the operation of the Agreem...

Excerpt: ...lass claims are dismissed. Counsel for Plaintiff should be prepared to address its intentions regarding Defendant Well Care. This is a wage-and-hour proposed class and private attorney general (PAGA) action. Plaintiff Florencio Legaspi (Plaintiff) alleges that he and others were employed by defendants LaVista Congregate Living Health Facility, Inc., Paradise Point Care Center, Inc., and Well Care Congregate Living Health Facility, Inc. (Defendant...

Excerpt: ...n. Plaintiff William Davis (PlaintifO alleges thathe and others were employed by defendant CPHS Holdings, Inc„ doing business as Cedars Sinai Marina Del Rey Hospital (Defendant), during which employment Defendant committed various violations of labor law. Defendant moves to compel Plaintiff to submit his individual claims to arbitration, and to dismiss his class and non-individual PAGA claims, pursuant to an arbitration agreement (the Agreement...

Excerpt: ...eficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to awid the hearing having to be continued. This checklist provides direction on what information and argument the court requires to grant a moton 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...

Excerpt: ...on for Preliminary Approval. With all the bolded items addressed, the Motion should be granted when next before the court. The amount of attorney's fees and service award will be determined at the time of final approval. 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 comp...

Excerpt: ...s may enforce arbitration agreements. This is a wage-and-hour proposed class action. Plaintiff Raffi Aghiarian (Plaintiff) alleges that he and others were employed as mechanics by defendant Miller-DM Inc., doing business as Mercedes Benz of Beverly Hills (Defendant), during which time Defendant committed various violations of labor law against him and other putative class members. Background Plaintiff began his employment on or about April 5, 201...

Excerpt: ...herefore not entitled to a new trial due to newly discovered evidence or surprise. The amount of the indemnity this Court ruled on was not excessive, because the only finding on the Regents' negligence was that it was zero. The Court's observation that Icon West had refused to defend the Regents prior to the Regents settling with Plaintiff cannot constitute an error in law, because the Court did not rely on that observation in ruling on the judgm...

Excerpt: ... to correct the deficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to avoid the hearing having to be continued. 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 cas...

Excerpt: ...lass claims and appear to be proceeding to arbitration of the individual claims. Defendant Budget Wireless California, LLC (Defendant) now moves in this action to compel plaintiff Michelle Mejia (Plaintiff) to arbitrate her individual PAGA claims, and to dismiss her representative PAGA claims. Plaintiff worked as a manager for Defendant beginning in June 2020. At that time, she signed an arbitration agreement (the Agreement). She stopped working ...

Excerpt: ...s declaration (Dec. of Singh at ¶ 11) states that there were 3 valid requests for exclusion out of 4 total (1 being a duplicate). However, she doesn't specify the names. She merely attaches the long package of documents (see Exhibit B to Singh Decl.) that Objectors' counsel submitted that were intended to encompass the opt-outs as well as the objections. The cover sheet for the contents that Objectors' counsel sent to the administrator (see page...

Excerpt: ...ants Surgical Neurophysiology, Inc. (SNI) and Vahid Soltani (collectively, “Defendants”) move to compel plaintiff Mana Hamzeh, also known as Ashley Amirhamzeh (“Plaintiff”) to submit her individual claims to arbitration, including her individual PAGA claims, and to dismiss her class claims and representative PAGA claims. Preliminarily, the Court notes that there was apparently some problem with the electronic filing of Plaintiff's opposit...

Excerpt: ...to the computer. Plaintiff and judgment creditor Vickers Holding & Finance, Inc. (“Plaintiff”) opposes the claims of exemption of defendants Jossiv Kim and Angelina Kim (“Defendants”) and their son, Alex Anton Kim. Because Alex Anton Kim has the same last name as Defendants, the Court will at times refer to him as “Alex.” No disrespect is intended. Background The Court entered judgment against Defendants on November 6, 2018. On March ...

Excerpt: ... fees against plaintiff and cross-defendant LP Kilts, LLC (“LP Kilts”) and cross-defendants Rick Luthra and Farid Popal. Pertinent Background This action arises out of a dispute between LP Kilts and Slauson over a property in Northridge that LP Kilts leased from Slauson in order to operate a sports bar. LP Kilts contended that Slauson and affiliated parties made false representations to induce it to lease the property and otherwise breached t...

Excerpt: ... placed off calendar. Your hearing date set for June 20, 2022, is continued to the first available date of October 03, 2022, at 10:30 a.m. in Department 1. No need to appear on June 20, 2022. 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 applie...