Excerpt: ...various ways, including unpaid overtime, unpaid minimum wage, non‐compliant meal and rest periods, unreimbursed business expenses, failure to provide reporting time, failure to maintain payroll records, waiting time, and wage statement claims. The settlement would create a gross settlement fund of $567,875. The class representative payment to the plaintiff would be $10,000. Counsel's attorney's fees would be $189,291.67 (onethird of the settlem...

Excerpt: ...ichmond. Plaintiffs challenge Defendant Chevron's practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Standby shifts require Operators to be available for work at the refinery just like regular shifts, but were not compensated unless called in to work the shift. Motion Pursuant to Code of Civil Procedure §§ 473, 576, Plaintiffs seek leave to file a Second Amended Compl...

Excerpt: ...eless, the parties have debated the cost issue. Cain filed her motion for costs prematurely, i.e., before judgment (and even before the final Statement of Decision). The Court of Appeal has held, however, that premature filing of a cost memorandum is not fatal to the memorandum, absent prejudice to the opposing party. (Lowry v. Port San Luis Harbor Dist. (2020) 56 Cal.App.5th 211, 221‐222. See also Laurel Hills Homeowners Assn. v. City Council ...

Excerpt: ... management conference set for 8:30 a.m. will be held after oral argument on the writ claims. I. Background Petitioners and Plaintiffs Discovery Builders, Inc. and WCHB Development, LCC (“Petitioners”) filed this petition and complaint against the City of Brentwood and the City Council of the City of Brentwood (“Respondents”). Petitioners' claims against the individually named city council members were dismissed on July 20, 2021. Petition...

Excerpt: ...'s exposure and treatment. (Geise decl. ex. B.) “In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. …[Citation.]” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) “On...

Excerpt: ...CCP”) §§1286.8 and 1286.6. For the following reasons, Defendants' Petition is granted. Plaintiffs' request to correct the award is denied. Analysis Timing Petition to Confirm the Arbitration Award The underlying arbitration award was issued and served on the parties on August 5, 2019. (Saberi Decl. Ex. B.) “A petition to confirm an arbitration award shall be served and filed not later than four years after the date of service of a signed co...

Excerpt: ...n is denied. The basis for this ruling is as follows. A. Summary of Ruling. Plaintiff's sole opposition argument is that the arbitration agreement is unconscionable. The Court finds that there is a modest degree of procedural unconscionability, and that one term, the discovery provision, demonstrates a high degree of substantive unconscionability. The Court further finds that the discovery provision is not severable. Accordingly, the arbitration ...

Excerpt: ...h XI, however, stipulations for orders must be submitted to the Complex Litigation Department Electronic Mailbox in accordance with the specific provisions of the order. As a result, the stipulation has not been reviewed or acted on, and will not be until it is properly submitted.) Ms. Conroy filed a different PAGA action in Orange County Superior Court, which would be dismissed pursuant to the agreement. A. Background and Settlement Terms The or...

Excerpt: ...nitially was heard on May 12, 2022, after which the Court continued the matter today and directed counsel to make a supplemental submission. A. Background and Settlement Terms The original complaint was filed March 10, 2021, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, con‐compliant meal and rest p...

Excerpt: ...f less than $10 for cash, in violation of the “Gift Card Act,” specifically Civil Code section 1749.5(b)(2), and other authorities. BP sells gift cards redeemable at Arco gas stations in parts of California. It does not, however, own or operate the gas stations, but instead provides gasoline to them. The gift card program is not operated by BP, but by Tesoro Refining & Marketing Company LLC. A. Terms of the Settlement. BP will use its “best...

Excerpt: ...lidated for purposes of pretrial proceedings, filed by multiple homeowners against EBMUD and numerous other parties arising out of a landslide in March 2020. Though the cause of the landslide has not been determined, the landslide resulted in serious damage to the roadway of Tappan Terrace and affected at least seven properties on Tappan Terrace, Tappan Lane, and Ichabod Lane. (Am. Memo ISO Mot. pp. 5‐7.) Tappan Terrace property owners are memb...

Excerpt: ...nt Terms The original complaint was filed March 10, 2021, raising claims under PAGA and a class action on behalf of non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid overtime, unpaid minimum wage, con‐compliant meal and rest periods, unreimbursed business expenses, failure to provide one day of rest in seven, failure to provide reporting time, failure to maintain payroll records, waiting ti...

Excerpt: ...e violations. Defendant provides medical care for elderly patients. The total settlement payment is $95,000. This is composed of attorney's fees of $31,666.66 (one‐third of the recovery), $10,063.84 in in litigation costs, and up to $4,200 in costs to the settlement administrator (Phoenix). PAGA penalties of $44,133.34 would be apportioned 75% to the LWDA and 25% to the aggrieved employees. Counsel's motion indicates that there are an estimated...

Excerpt: ...iff's argument that defendants have failed to adequately authenticate the employment agreement containing the arbitration clause defendants seek to enforce. Plaintiff's objections to the opening declaration of Michael James are sustained; Mr. James does not have personal knowledge that plaintiff signed the agreement, and does not attempt to authenticate the agreement as a business record. (See, Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.A...

Excerpt: ...ntwood facility near Los Angeles in September 2017, when she was 17 years old. Her employment with Westmont ended in May 2020. She filed this lawsuit in July 2021. The complaint makes class action allegations and pleads a single cause of action for violation of the Unfair Competition Law, Business & Professions Code section 17200, et seq. ("UCL") based on Westmont's alleged violation of numerous Labor Code statutes governing wages, hours, and oth...

Excerpt: ...inclined to grant the application, plaintiff neglects several statements from his declaration that are required, pursuant to Code of Civil Procedure section 484.020 (c)‐(e). (See Judicial Council Form AT‐ 105.) Background Plaintiff brought the complaint in this matter to recover money he invested with defendants in a failed business venture. Central to the dispute is a promissory note executed by plaintiff and each of the Gilads. After an app...

Excerpt: ... non‐exempt employees alleging that defendant violated the Labor Code in various ways, including unpaid wages due to rounding and off‐the‐clock work, rest period and meal break violations, and unreimbursed business expenses. The settlement would create a gross settlement fund of $390,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $130,000 (one‐third of the settlement). Litigation co...

Excerpt: ...e in various ways, primarily focused on the allegation that defendant paid sick leave at the base rate of pay instead of the regular rate of pay. The settlement would create a gross settlement fund of $3,250,000. The class representative payment to plaintiff would be $10,000. Counsel's attorney's fees would be $1,083,333.33 (one‐third of the settlement). Litigation costs would not exceed $30,000. The settlement administrator (Phoenix) would cap...

Excerpt: ... to show the existence of disputes regarding material facts. Background This case stems from the death of a child, Angela Nguyen, who was hit and killed by an SUV in a mall parking lot upon returning to her family vehicle with her mother and little brother, on December 3, 2018. The child's mother, Mai Nguyen, as well as her brother Benjamin, represented by his guardian ad litem, Huong Thi Nguyen, and the girl's father, Quan Nguyen, filed this cas...

Excerpt: ...g the COVID pandemic. It did not allege the variety of other claims often found in PAGA cases. On June 28, 2021, a First Amended Complaint was filed, alleging a class action raising similar claims. (During the time in question, reimbursements were made, but issues remain concerning the amount and interest on delayed payments.) The settlement would create a gross settlement fund of $900,000. The class representative payment to plaintiff would be $...

Excerpt: ...n December 16, 2019. On November 24, 2020, a First Amended Complaint was filed, adding Ortega as a plaintiff. (Ortega had filed a PAGA action in Los Angeles, but he dismissed it.) The settlement would create a gross settlement fund of $1,380,000. The class representative payment to each plaintiff would be $10,000. Counsel's attorney's fees would be $460,000 (33 1/3% of the settlement). Litigation costs would not exceed $20,000. The settlement adm...

Excerpt: ...icable to this matter. Requests for Judicial Notice The requests for judicial notice are unopposed. The Court need not take judicial notice of the original complaint to discern the date of its filing; that information can be ascertained from the Court's own file. The Court grants judicial notice of the certificates of completion and the grant deeds for the limited purpose of identifying the dates the certificates were recorded, and for no other p...

Excerpt: ...have been filed and was never properly served on CrossDefendant and pursuant to CCP § 430.30(f) on the grounds that it is labeled as containing ten causes of action but appears to attempt to plead seven causes of action. For the following reasons, the Demurrer is overruled. Legal Standard “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th ...

Excerpt: ...Amended Complaint is lifted. The motion for sanctions is granted as requested, and Plaintiff is awarded $13,024.82 pursuant to Code of Civil Procedure section 1281.99(a), including $12,435.00 in attorneys' fees and $589.82 in costs. Background Plaintiff Mario Ramirez Lopez filed a class action complaint on behalf of himself and other similarly situated employees of E‐Tech alleging seven causes of action, including multiple violations of the Lab...

Excerpt: ...ame issues as the earlier productions, e.g., not including complete email threads. He argues that more meet and confer sessions will be needed. Defendant is ordered to provide complete responses within 30 days of this order. There also remains the issue of discovery of the current insurance policy. Defendant produced a policy that “was in effect for the relevant time period when Plaintiff filed his lawsuit.” Defendant asserts that this is the...