Excerpt: ...ndividual basis, including the individual portion of her PAGA claim, as to all named defendants. 2. The case is STAYED pending completion of arbitration. 3. The request to dismiss the representative portion of Plaintiff's PAGA claims is DENIED WITHOUT PREJUDICE to being renewed when the stay is lifted. 4. An arbitration review conference will take place on May 17, 2023 at 8:30 a.m. in Department CX-104. I. Factual Background Defendants in this ma...

Excerpt: ...ent, LLC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-complainants' cross-claims are DISMISSED WITH PREJUDICE. Admiral's motion to strike is DENIED AS MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00...

Excerpt: ...2 to file a second amended complaint. A status conference will be held on October 4, 2022 at 8:30 a.m. in conjunction with the related case of Luangphonh v. Better Mortgage Corporation 21-1190771. A joint status conference statement should be filed on or before September 27, 2022. Both sides cite unpublished California Superior Court decisions in their papers. “Even assuming for the sake of argument that [these cases] involve[] the same issue a...

Excerpt: ...ration. The Court rules as follows: 1. The motion is GRANTED IN PART AND DENIED IN PART as to the request to compel arbitration. Specifically: a. The motion is GRANTED to the extent Plaintiffs' claims are not based on sexual harassment. b. The motion is DENIED to the extent Plaintiffs' claims are based on sexual harassment. At the hearing, the parties should be prepared to discuss the extent to which Plaintiffs' claims are based on sexual harassm...

Excerpt: ...l arbitration; (2) dismissing Plaintiffs' class claims without prejudice; (3) dismissing Plaintiffs' PAGA claim, and (4) staying proceedings pending the outcome of arbitration. Numerous related defendants have filed a joinder in the motion. (The Court refers to all defendants as “Fitness 19” unless their separate corporate identities are relevant.) The Court rules as follows: 1. The request to order Plaintiffs' claims to individual arbitratio...

Excerpt: ... LLC demur to portions of the First Amended Cross-Complaint (“FAXC”) of Defendants/Cross- Complainants JD Equity Holdings LLC and Jacob Daniels. The Court rules as follows: 1. The demurrer is SUSTAINED based on defect/ misjoinder of parties per CCP § 430.10(d) by virtue of adding Darnell Ponder as a cross-defendant and the 10 th cause of action for constructive trust without leave of court. 2. The demurrer is OVERRULED as to alter ego liabil...

Excerpt: ... Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiff's PAGA claim. This case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. As discussed below, the Court is willing to consider a request for limited further briefing from Plaintiff given the way Defendant handled the two arbitration agreements at...

Excerpt: ...ual portion of Plaintiff's claim is to be arbitrated, and the representative portion of Plaintiff's claim is stayed pending the resolution of the arbitration. An arbitration review conference will take place on March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS All of Plaintiff's evidentiary objections are OVERRULED. Defendants' objection to Plaintiff's declaration is OVERRULED. Defendants' objections to the declaration of Amir Nayebdadash are al...

Excerpt: ... of Plaintiff's PAGA claim. This portion of the case is STAYED pending the resolution of Plaintiff's individual arbitration. 3. The Court sets an arbitration review conference for March 29, 2023 at 8:30 a.m. EVIDENTIARY OBJECTIONS Plaintiff offers four objections to the Kourasis Declaration submitted in support of Defendant's motion. Objections 1 and 2 are SUSTAINED. Objections 3 and 4 are OVERRULED; however, the Court will not rely on this testi...

Excerpt: ...ies on two questions: 1. Is an administrative appeal pursuant to Public Resources Code § 21151 governed by the 14-day period for appeals provided by Laguna Beach Municipal Code section 25.05.070(A)? If not, what is the applicable period? Also, if not, what is the effect, if any, of Petitioners' late-filed appeal that the City rejected as untimely? 2. Is there authority for the situation where an administrative appeal has been withdrawn and the t...

Excerpt: ... the representative portion of their PAGA claims. The Court rules as follows: 1. The motion is GRANTED as to the request to compel arbitration. The individual portion of each Plaintiff's PAGA claim is to be arbitrated on an individual basis. 2. The motion is DENIED WITHOUT PREJUDICE as to the request to dismiss the representative portion of Plaintiffs' PAGA claims. This case is STAYED pending the resolution of Plaintiffs' individual arbitrations....

Excerpt: ...idual basis and dismiss the representative portion of her PAGA claim. Section 3 of the parties' arbitration agreement provides: “Private attorney general representative actions brought on behalf of the state under the California Labor Code are not arbitrable, not within the scope of this Agreement and may be maintained in a court of law.” (Becker Decl., Ex. A, at p. 2.) Because the parties agreed that PAGA actions cannot be arbitrated, Defend...

Excerpt: ...�Extraction Fee.” The motion is otherwise granted in its entirety. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A court “may, in the furtherance of justice . . . allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers ...

Excerpt: ...irst Action, the Court will determine whether the case can proceed and whether leave to amend will be permitted. The parties' unopposed requests for judicial notice are GRANTED. GROUNDS FOR RULING A demurrer lies when there are two actions pending in California state courts “between the same parties on the same causes of action.” (CCP § 430.10(c).) “In determining whether the causes of action are the same for purposes of pleas in abatement...

Excerpt: ...he August 19, 2022 hearing (either in person or via Zoom) to discuss the issues set forth below. The Court notes the existence of a related class action, Salcido v. NJOORD, No. 22- 1258984. It appears Plaintiff Frederick Salcido erroneously filed his opposition documents in the class action instead of this case. Because no prejudice will result if the Court considers the misfiled documents, the Court will exercise its discretion to consider them....

Excerpt: ...ntiff Maria Ruiz's Individual PAGA Claim; (2) Dismiss Plaintiff's Non-Individual PAGA Claims; and (3) Stay Action Defendant Chartwell Staffing Services, Inc. has filed two motions to compel arbitration, one against Plaintiff Moises Mendoza and one against Plaintiff Maria Ruiz. Defendants Laguna Cookie Company, Inc. and D.F. Stauffer Biscuit Co., Inc. (collectively, “Laguna Defendants”) move to join in Chartwell's motions and have filed their ...

Excerpt: ... The Court rules as follows: 1. Defendants' motion to compel arbitration is GRANTED. Plaintiffs are ordered to separately arbitrate their individual PAGA claims. 2. This case is STAYED until Plaintiffs' individual arbitrations conclude. 3. Defendants' request to dismiss Plaintiffs' representative PAGA claims is DENIED without prejudice to reconsideration when the stay is lifted. An arbitration review conference will take place on March 15, 2023 a...

Excerpt: ...rted failure to warn of dangers allegedly associated with Korlym, a name-brand drug it manufactures. Exhibit D to the Moccio Declaration is a compilation of “MedWatch” reports—adverse event reports submitted by Corcept to the FDA as part of Corcept's mandatory reporting duties. These reports were obtained by Plaintiff in the course of discovery. She relied on them in her motion for leave to file a fourth amended complaint, and the Court gra...

Excerpt: ... Alltops, Inc. dba All-Tops Roofing; and Qwest Drywall (collectively, the “Settling Parties”). For the reasons set forth below, Wolfenden's motion is DENIED. I. Factual and Procedural Background The underlying complaint in this action sounds in negligence, contract, and misrepresentation. Defendant Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contracto...

Excerpt: ...essional negligence), eleventh (intentional infliction of emotional distress), twelfth (unjust enrichment), thirteenth (unfair insurance practices), fourteenth (declaratory relief), and fifteenth (punitive damages). CDA contends (1) Wright fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)), and (2) Wright's complaint is uncertain, ambiguous, or unintelligible (CCP § 430.10(f)). For the reasons set forth below, the...

Excerpt: ...l first address the demurrer, then the motion for leave to file a 4AC, then the trial continuance motion. That is, the scope of permitted amendment for the 4AC will be informed by the Court's ruling on the demurrer to the 3AC. In opposition to the demurrer, Olen argues that if the Court grants leave to amend, “this demurrer will be moot.” (Demurrer Opp. at p. 2.) The Court will not permit Olen to avoid a potentially meritorious demurrer to th...

Excerpt: ...are Anaheim, LLC, San Bernardino SC NO. CIVSB2127232. JUDICIAL NOTICE Both sides ask the Court to take judicial notice of superior court rulings regarding PAGA claims based on the HWHFA. In their papers, the parties cite these rulings for their perceived persuasive value. “Even assuming for the sake of argument that [these cases] involve[] the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value...

Excerpt: ...S MOOT. I. Factual Background Cross-Complainants' XC expressly incorporates the allegations of Admiral's FAC, so the Court assumes all of the following to be true for purposes of this demurrer. Cross-Complainants were among the defendants in an underlying case, JPH Consulting, Inc. v. Jarvis, No. 15-00823625. Admiral had issued a professional liability policy in favor of Care West that insured both Care West and Jarvis. Cross-Complainants tendere...

Excerpt: ...ant to this motion and somewhat confusing. The Court recounts facts necessary to resolution of this motion. This matter is an individual action with a PAGA component. Broadly speaking, Plaintiffs allege Defendants violated wage-and-hour laws and that Plaintiffs were constructively terminated for complaining about those violations. Plaintiffs are represented by the EFLL firm and LaCour. Aguilar, who is not a Plaintiff here, worked for Defendants u...

Excerpt: ...nd including trial.” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) But the policy of liberality does not apply “[w]here inexcusable delay and probable prejudice to the opposing party is shown.” (Estate of Murphy (1978) 82 Cal.App.3d 304, 311.) Leave to amend may be denied where amendment would be futile (see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230), but “the preferable practice would be to permit the amend...

Excerpt: ... addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Apart from the included actions in this matter, are there any actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide copies of all class representatives' pre-filing letters to the LWDA (and any amendments thereto...

Excerpt: ...tions must be submitted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any other actions, whether individual, class, or PAGA (pending or in the pre-filing LWDA stage) that may be affected by this settlement? 2. Please provide for 60 days, rather than 45, for opt-outs, objections, and disputes. 3. Paragraph 47(i) of the agreeme...

Excerpt: ...l of Ray's application to remodel a home on Hawthorne Road in the City. Petitioners contend the home has considerable historic value that would be diminished by the remodel, and the City's Design Review Board violated CEQA in October 2020 when it approved the application based on a negative declaration. This demurrer focuses on exhaustion of administrative remedies. As relevant here, the FAP alleges as follows: City staff conducted an initial stu...

Excerpt: ...ligence). I. Background The underlying First Amended Complaint of Plaintiff Sirco/Irvine Business Park II Association concerns insurance coverage. The Association is the community association for a three- building commercial condominium park in Santa Ana. In 2008, the Association took out an insurance policy on the condominium park. The policy (as renewed) was in effect on September 25, 2019, when a fire damaged one of the three buildings. The po...

Excerpt: ... violations they personally suffered. Plaintiffs' class claims are dismissed without prejudice. Plaintiffs' PAGA claim, to the extent it seeks to recover civil penalties for Labor Code violations suffered by other employees, is dismissed without prejudice. I. Background A. Procedural Background This matter involves employees of the Fitness 19 chain of health clubs. Plaintiffs, who worked at Fitness 19's Huntington Beach location, originally filed...

Excerpt: ... addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Counsel states there are three known cases with similar claims pending against Defendants, the claims in one of which will be released by this settlement and one in which similar claims will be dismissed. (Mem. at 17.) As to the latter, will those clai...

Excerpt: ...inally a PAGA-only matter brought against Defendants U Gym, LLC and Costa Mesa Gym, LLC, both alleged as doing business as UFC Gym Costa Mesa. In August 2021, U Gym, LLC settled a related PAGA case pending in Sacramento Superior Court, Manzares v. U Gym, LLC, Sacramento SC No. 34-2020- 00284868. (1 st Perez Decl., ¶ 4.) Plaintiff and Defendants apparently agreed the Manzares settlement extinguished Plaintiff's PAGA claim against U Gym, LLC, but ...

Excerpt: ...s well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 3. Please explain the starting date for the PAGA period. Fr...

Excerpt: ...rvice of summons. 2. Defendants Sun Life Financial, Inc. and Sun Life Assurance Company of Canada's (collectively “Sun Life” unless the separate identities of Sun Life Financial and Sun Life Assurance are relevant) demurrer to the complaint of Plaintiff Robert S. Wright. 3. Sun Life's motion for sanctions against Wright. The Court addresses each motion in turn. Broadly speaking, this action arises from Wright's attempt to claim long-term disa...

Excerpt: ... take judicial notice of materials not “necessary, helpful, or relevant”].) I. Standard of Review in § 1983 Cases The City demurs to Reeves' second cause of action, for violation of 42 U.S.C. § 1983. The usual standards for a general demurrer are inapplicable to § 1983 claims brought in state court. Rather, “the state courts of California should apply federal law to determine whether a complaint pleads a cause of action under section 198...

Excerpt: ...or State Farm Mutual Automobile Insurance Company (“State Farm”) applies for an order determining the proper allocation of the proceeds of its settlement with Defendants Sonny Rubin, M.D., et al. (“Rubin”), as required by Ins. Code § 1871.7. Per the Fawaz Decl. (ROA 133) and exhibits thereto, neither the Orange County District Attorney's office nor the Insurance Commissioner object to the settlement or the proposed allocation. The applic...

Excerpt: ...efendant The Ballot Box, Inc. filed an opposition to Plaintiffs' motion. Because Plaintiffs' motion seeks relief only against the Association, not Ballot Box, Ballot Box lacks standing to oppose the relief sought. The Court therefore has not considered Ballot Box's opposition, only the Association's. The Association has filed evidentiary objections to the declarations of Robert C. Pack and Boyd L. Hill. Objections 11 and 12 to the Pack Declaratio...

Excerpt: ...cial notice is GRANTED. I. Factual Background At the demurrer stage, a court must “take as true all properly pleaded material facts.” (Southern California Gas Leak Cases (2019) 7 Cal.5th 391, 395.) But there are two exceptions to this rule applicable here. First, ESE argues the sham pleading doctrine applies to discrepancies between the prior 1AC and the operative 2AC. “The allegations in a plaintiff's complaint constitute judicial admissio...

Excerpt: ...tion 5500) of Division 3 of the Business and Professions Code, or of a person holding a valid registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a person holding a valid land surveyor's license issued pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.” CCP § 435.11(h) provides that if th...

Excerpt: ...tted as well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Paragraph 116 of the complaint lists several Labor Code violations as PAGA predicates that do not appear to be mentioned in the pre-filing letter to the LWDA. (E.g., sick leave, vacation pay, and seating violations.) Has Plaintiff adequately exhausted administrative remedies with respe...

Excerpt: ...tion. For the reasons set forth below, the Settling Parties' motion is GRANTED. I. Factual Background Boss Ventures owned a property in Laguna Beach consisting of two separate cottages on one parcel. It hired Wolfenden, a licensed general contractor, to remodel the property. Among other things, Wolfenden was to join the two cottages in a single structure and remediate a water intrusion issue in the basement of one cottage. When Wolfenden's work w...

Excerpt: ...es, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) The Court also approves the current version of the notice. The Court approves the following distributions: 1. Attorney's fees in the amount of $350,625 to Protection Law Group and $318,750 to Lawyers for Justice. The grounds for the fee award are discussed below. 1. Litigation costs in the amount of $17,142.71 to Protection Law Group ...

Excerpt: ...ged since the settlement was valued. Specifically, he notes that at the end of 2021, Defendant reclassified a number of job titles from exempt to non-exempt. As a result, “the 15% increase in number of employees did not fairly represent the change in overall class size.” (2 nd Supp. Moon Decl. ¶ 3(a).) This explanation creates several new problems the Court does not believe can be cured with further briefing or with minor tweaks to the settl...

Excerpt: ...dgment, the Court vacated the prior judgment in the Association's favor, which allowed the Association to recover unpaid rent from Plaintiffs, with offsets for money owed in restitution to Plaintiffs on their TILA claim. Instead, the Court entered judgment in favor of Plaintiffs for restitution, plus postjudgment interest dating to April 14, 2016, the date of the prior judgment entered by Judge Moss. (See ROA 2776.) “When a judgment is modified...

Excerpt: ...n III-B below—namely, whether the Court can assume for class certification purposes that the time that an employee clocks- in is considered compensable work time based on both the evidence and the law. Among other things, the parties should address whether there is a rebuttable presumption that timecard clock-in times are actual hours worked. The parties may submit up to 10 additional declarations in support of their positions, as well as exist...

Excerpt: ...Plaintiff Felicia Hernandez filed this PAGA-only case against Defendant, seeking to recover civil penalties for a number of Labor Code violations allegedly committed against Defendant's non-exempt employees. Defendant contends Plaintiff signed an arbitration agreement when she began her employment. (Plaintiff disputes whether she signed the purported agreement. For purposes of the present motion only, the Court assumes, without deciding, that she...

Excerpt: ...t Corp. moves to compel individual arbitration of Plaintiff Tanisha Robinson's claims, dismiss her class claims, and stay or dismiss this case. Defendant Ingram Micro Inc. has filed a joinder arguing that although it is a non-party to the arbitration agreement at issue, it may nonetheless compel individual arbitration of Plaintiff's claims. For the reasons set forth below, the motion is GRANTED. Plaintiff's claims against Volt and Ingram are orde...

Excerpt: ... 4. Defendant James Tromblee, Jr.'s Joinder to Defendant Polymer80, Inc.'s Demurrer ROA 315 5. Status Conference Before the Court are two demurrers to the operative complaints in the underlying Cardenas and McFayden actions. The two complaints are treated as a single pleading by the parties for demurrer purposes. ROA 290 is the demurrer of Defendants Blackhawk Manufacturing Group, Inc.; Ghost Firearms, LLC; MFY Technical Solutions LLC; and Thunde...

Excerpt: ... parties' unopposed requests for judicial notice are GRANTED. In light of the ruling on the demurrer, TPG's motion to strike is DENIED AS MOOT. GROUNDS FOR RULING I. Standard of Review In reviewing a demurrer for failure to state facts sufficient to constitute a cause of action, the Court is guided by long-settled rules. The Court “treat[s] the [motion] as admitting all material facts properly pleaded, but not contentions, deductions or conclus...

Excerpt: ...e submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any actions pending against Defendant (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? 2. What is the relationship between Arijet and Pinnacle? 3. Are any employees of Arijet part of the...

Excerpt: ...l background underlying this suit and the related JVS matters. In brief, and as relevant to this motion, WRW owns a shopping center on Brookhurst Street in Fountain Valley. BTC formerly held the ground lease to the shopping center, with individual shop owners as its subtenants. BTC sold its interest in the ground lease to JVS, which financed its purchase with a loan. Shortly thereafter, JVS defaulted on its loan. The lender's successor-in-interes...

Excerpt: ...of of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Other than the Munoz matter, are there any matters, whether individual, class or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 2. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 3. Counsel represents that there are 100 aggrieved employees at issue. When was this figure accurate? The ...

Excerpt: ...tion of pharmaceutical drug rebates. Briefly stated, Ensign, acting as an agent and fiduciary for the Client Facilities, entered into the contract with Empirian. Under the terms of this agreement, Empirian would negotiate rebates with drug manufacturers, deduct its commission from the rebates received, and remit what remained to Ensign, which in turn would forward the money to the Client Facilities. The parties' relationship soured, and litigatio...

Excerpt: ...Visión en Análisis y Estrategia, S.A. de C.V. and Capitaliza-T, Sociedad de Responsabilidad Limitada de Capital Variable secured a multi-million dollar judgment against defendant Christopher Erwin and his firm, Erwin Legal P.C., in a prior action. In a judgment debtor examination in the prior action, Christopher stated he had no intent of paying the judgment. (The Court refers to the Erwins by their first names for clarity.) Plaintiffs allege t...

Excerpt: ..., 416.) A. Legal Standard A defendant moving for summary judgment or adjudication bears the initial burden to show the plaintiff's claims have no merit. It may do this by demonstrating either “that one or more elements of the cause of action . . . cannot be established” or “that there is a complete defense to the cause of action.” (CCP, § 437c(p)(2).) “Once the defendant . . . has met that burden, the burden shifts to the plaintiff . ....

Excerpt: ... that the Rules of Court list “substitution of counsel” as good cause for continuing a trial (CRC 3.1332(c)(4)), and he argues that outstanding discovery and the upcoming deadline to file a class certification motion are good cause for a stay. The Court disagrees that Fawaz has presented good cause for a stay. Notably, Fawaz himself hasn't filed a declaration in support of this motion. The Court therefore has no factual basis to conclude he n...

Excerpt: ...owns a shopping center on Brookhurst Street in Fountain Valley. BTC formerly held the ground lease to the shopping center, with individual shop owners as its subtenants. BTC sold its interest in the ground lease to JVS, which financed its purchase with a loan. Shortly thereafter, JVS defaulted on its loan. The lender's successor-in-interest, ARC Retail 1, LLC, foreclosed on JVS's interest in the ground lease. ARC assigned the ground lease to T&T,...

Excerpt: ...lowing properties: 1. 22725 Hidden Hills Road, Yorba Linda, California, 92887 2. 5959 East Calle Principia, Anaheim, California, 92807 3. 536 Ladera Vista Drive, Fullerton, California, 92831 4. 8162 Centerstone Drive, Huntington Beach, California, 92646 The Court rules as follows: 1. Subject to the parties' confirmation at the hearing, based on the representations of Plaintiff WnG Construction JV, Inc., the motion is DENIED AS MOOT as to the Anah...

Excerpt: ...C Burger Boys LLC, LASC No. 21PSCV00768 For the reasons set forth below, the petition is GRANTED. The Court determines that the Orange County Superior Court is the appropriate site of coordination proceedings. The Court of Appeal, Fourth District, Division Three shall be the reviewing court. GROUNDS FOR RULING I. Factual and Procedural Background The Included Actions each arise from the alleged wage-and-hour practices of Akash, a company that own...

Excerpt: ... employment records) and OVERRULED in all other respects. Plaintiff's deadline to file a further amended complaint is March 25, 2022. Defendant's unopposed request for judicial notice in support of both motions is GRANTED. MOTION TO STRIKE Defendant moves to strike the eleventh cause of action (PAGA) and all related terms or phrases (e.g., “aggrieved employees”) from the 2AC. A party may move to strike “any irrelevant, false, or improper ma...

Excerpt: ...s a JCCP since 2012, and the included actions go back as far as 2009. A. The Wage Statement Settlement In 2019, during an earlier phase of this coordinated proceeding, the Court entered judgment finally approving a class/PAGA settlement of a wage statement claim. (ROA 1008.) The release in this settlement covered “all claims . . . arising from, or related to, the alleged failure to provide accurate and itemized wage statements, including . . . ...

Excerpt: ...n. Plaintiff's objections are therefore OVERRULED. The Court proposes on its own motion to take judicial notice of the petitioner's opening brief in Viking River Cruises, Inc. v. Moriana, United States Supreme Court No. 20-1573, which is available on the Supreme Court's website. (See Evid. Code, §§ 452(d), 455(a).) Plaintiff Siavash Abderezai originally filed this case as a class action without a PAGA claim. He then amended his complaint to add...

Excerpt: ...n its own motion to take judicial notice of the petitioner's opening brief in Viking River Cruises, Inc. v. Moriana, United States Supreme Court No. 20-1573, which is available on the Supreme Court's website. (See Evid. Code, §§ 452(d), 455(a).) Plaintiff Bella Medrano originally filed this case as a class action without a PAGA claim. Defendants moved to compel arbitration of Plaintiff's claims on an individual basis, citing an arbitration agre...

Excerpt: ... 30, 2022. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any actions pending against Defendant (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) th...

Excerpt: ...dgment on the pleadings. MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION TPG's motion for summary judgment or adjudication on the FAC of Olen Properties Corp. is DENIED. I. Evidentiary Matters All of Olen's evidentiary objections are OVERRULED. As to TPG's evidentiary objections: objections 1, 2, 8, and 13-17 are OVERRULED. Objections 3-7 and 9-12 are SUSTAINED. In particular, with respect to TPG's objections 8 and 16, the Court notes that these obje...

Excerpt: ... proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Rather than providing proof of service of the settlement papers on the LWDA in the first instance, counsel offers to do so upon request. Please provide such proof of service. 2. Other than the Cervantes and Leslie Martinez matters in San Diego, are there any other matters, whether individual, class, or PAGA, pending or in the pre-fi...

Excerpt: ...be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any actions pending against Defendant (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? 2. Please provide a copy of Plaintiffs' pre-filing letter to the LWDA. 3. The class period extends...

Excerpt: ...pposition, the Court finds Polymer80 will not be prejudiced if the Court considers the opposition. The Court has not considered the reply declaration of Germain D. Labat. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1538 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”].) I. Background Polymer80 is one of a number of “ghost gun” part manufacturers sued by Plaintiffs,...

Excerpt: ... of action in the C2AC, a third party beneficiary claim brought by Plaintiffs Prime Hospitals. The California Department of Health Care Services (“DHCS”) has entered into a contract with CalOptima to administer Medi-Cal in Orange County. The C2AC refers to this contract as the “DHCS Contract.” (The DHCS Contract (or portions of it) is attached to the C2AC as Exhibit B.) The Prime Hospitals allege they are third party beneficiaries of the ...

Excerpt: ...periods, which has resulted in a systematic underpayment of separate rest period pay in violation of Labor Code Section 226.2. For the reasons set forth below, Taduran's motion is DENIED. GROUNDS FOR RULING I. Glidewell's Calculation of Rest Period Pay From August 4, 2016 to September 19, 2021, Glidewell paid its piece-rate employees for rest periods at the employee's effective hourly rate for the workweek. This rate was calculated as provided by...

Excerpt: ...almart to provide applicants with disclosures regarding its practices. Pitre filed suit against Walmart in this Court, alleging Walmart's disclosures failed to comply with the FCRA. Walmart removed the suit to federal court. While the suit was pending in federal court, Wilson and Walters were added as representative plaintiffs. In January 2019, the federal court certified a class of all job applicants on whom Walmart performed a background check,...

Excerpt: ...re approval can be granted. However, on the present record, the Court does not believe the motion should be denied. Bautista's and Defendant's requests for judicial notice are GRANTED, but only as to the existence of the exhibits, not to the truth of anything asserted therein. The Court proposes on its own motion to take judicial notice of the Small Business Administration's April 2020 interim final rule regarding Paycheck Protection Program loan...

Excerpt: ... redline version showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. 1. Are there any other matters, whether individual, class or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 2. In order to evaluate the fairness of the PAGA settlement, the Court m...

Excerpt: ...pport of the restored motion. For the reasons set forth below, Olen's motion is DENIED. However, TPG should not mistake the Court's denial of this motion for approval of TPG's tactics. The hearing on TPG's current motion for summary judgment will be continued from February 4, 2022 to February 18, 2022 at 9:00 a.m. in Department CX104. The deadlines for Olen's opposition and TPG's reply are continued accordingly. I. Factual and Procedural Backgrou...

Excerpt: ...the following ground for sanctions: “This motion is made on the ground that on June 10, 2021, attorney Kevin Mahoney (“Mahoney”) filed a frivolous Complaint. Mahoney violated Code of Civil Procedure section 128.7(b)(3) in that the factual contentions in the Complaint of Plaintiff Mavilo Arriaga (“Plaintiff”) are without evidentiary support.” The Court finds this language significant. Section 128.7(b) is written in the disjunctive: it ...

Excerpt: ... that considers an employee late if their actual clock-in time is late, regardless of whether the rounded clock-in time is late. (Defendant disputes the application of the tardy policy to the putative class, but for present purposes, the Court assumes it functions as Plaintiffs describe.) Plaintiff argues the combined effect of these policies causes employees to lose a few minutes at the beginning of each shift: to avoid being tardy, employees cl...

Excerpt: ...endants AAA Network Solutions, Inc., Fka AAA Solar Electric, Inc., SNA Concepts, LLC., JSS-8401 Page Street LLC., District Housing & Training Foundation; Sundance Engineering, Inc., and Hoai-Phuong Huynh Ngo's Motion To Strike Plaintiff's Complaint or Portions Thereof ROA # 63 4. Defendants ConvergeOne, Inc., John A. McKenna Jr., Jeffrey Nachbor, Rui Goncalves, James Christopoulos, Nhue Quang Ngo, Cynthia Thuy Hang Trinh, and Keith Hippard's Moti...

Excerpt: ... be submitted as well. As to the Settlement: 1. Are there any other actions pending against Defendants (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) that could be affected by this settlement? 2. Section 2.26 of the settlement agreement defines the “Settlement Class Period” as “December 16, 2021 through December 16, 2016.” (Emphasis added.) This appears to be a typographical error. 3. The last li...

Excerpt: ...rst Amended Complaint Under Seal (CCR 2.550 & 2.551) ROA # 281 5. Plaintiff Ensign Services, Inc.'s Motion for Leave to File Opposition to Demurrer to First Amended Complaint Under Seal ROA # 266 MOTIONS TO SEAL Before the Court are four motions to seal: 1. Defendant Empirian Health, LLC's motion for leave to file its demurrer to the FAC of Plaintiff Ensign Services, Inc. under seal. 2. Ensign's motion for leave to file its opposition to Empirian...

Excerpt: ...ings individual claims for wrongful termination and various wage-and-hour violations. He also brings a PAGA claim based on his individual wage-and-hour allegations. On September 24, 2021, Altman filed a notice of related cases identifying two cases pending in San Diego County Superior Court: Paolo Cervantes v. Altman Specialty Plants, LLC, No. 37-2019-0051483-CU-OE-CTL and Leslie G. Martinez v. Altman Specialty Plants, LLC, No. 37-2021-00001167-C...

Excerpt: ... Bargaining Agreement (CBA) Plaintiff was employed by Defendants as an irrigation foreman until his termination on July 23, 2020. (Caskey Decl. (ROA 27), ¶ 4.) On at least two occasions, Plaintiff signed an “Employee Handbook Acknowledgment and Receipt,” pursuant to which he agreed to be bound by the terms of the employee handbook. (Id., ¶ 5.) The handbook, attached to the Caskey Declaration as Exhibit 1, is titled the “Hunter Environment...

Excerpt: ...ous case citations. If the parties believe they need more room to make their arguments than the Rules of Court permit, the proper course is to seek permission to file an overlong brief, not to relegate substantive argument and important supporting authority to single-spaced footnotes, which is the equivalent of filing an overlong brief without permission. I. Background As alleged in the FAC, Empirian is a health care claims company that assists i...

Excerpt: ... # 81) 4. Order to Show Cause re: Preliminary Injunction ORDER TO SHOW CAUSE RE. PRELIMINARY INJUNCTION The Court ordered Defendants Lawrence C. Felix, Steven A. Silverstein and the Stanley W. Ekstrom Foundation, Inc. (the “Foundation”) to show cause why a preliminary injunction should not be entered in favor of Plaintiffs Megan C. Ekstrom (“Megan”) and Robert G. Ekstrom (“Rob”). The Court has reviewed the oppositions filed by Felix a...

Excerpt: ...pt for the 38 persons who have already received the notice), and to turn over the contact information of all persons who do not opt out. The notice must be served by no later than December 17, 2021. I. Timing of Motion Defendant argues the motion is untimely because it was filed on Monday, October 25, 2021, and the deadline was Friday, October 22, 2021. The Court disagrees. Defendant's supplemental responses were electronically served on Septembe...

Excerpt: ...inesses has nothing to do with whether the loss here was covered under the specific policy at issue. I. BACKGROUND A. Underlying Loss Muirhead is the former sole proprietor of Marcellos Pizza and Pasta (“Marcellos”). (Muirhead Decl., ¶ 3.) In April 2014, Muirhead restructured the business by forming Working With Integrity, Inc., which does business as Marcellos. (Id., ¶ 4.) Muirhead is the sole owner of Working With Integrity. (Id., ¶ 5.) ...

Excerpt: ...o file a proposed Consolidated Second Amended Complaint (“C2AC”). The motion is GRANTED. The Prime Hospitals are to file and serve the C2AC by December 1, 2021. The Court will not impose conditions on this amendment. Also, in order to avoid potentially unnecessary future motion practice, the Court requests that the parties consider including the allegations (i.e., the 9 additional underlying patient claims) of Case No. 21- 01208562 into the C...

Excerpt: ...aims based on future royalties owed under the contract between Ossur and Calco are subject to the exclusive jurisdiction of the federal courts because they arise under patent law. As a result, this Court lacks jurisdiction over the second, third and fourth causes of action as currently pled. It also lacks jurisdiction over the first cause of action insofar as it is based on future royalties. 2. However, claims based on past royalties owed for the...

Excerpt: ...t basis are DENIED. However, in reaching this decision, the Court has not considered TPG's arguments about unrelated litigation involving Olen or its owners. The Court requests that TPG confine its arguments to the issues before the Court. Going forward, the parties should separately file their motions, memoranda and supporting evidence/declarations rather than filing an entire set of moving papers as a single PDF. The use of a single PDF is unwi...

Excerpt: ...fendants Sodexo, Inc. and Sodexomagic, LLC (collectively “Sodexo”) join in the motion. For the reasons set forth below, the Disney Defendants' motion is GRANTED. In addition, the clerk is ORDERED to unseal and publicly file certain documents noted at the conclusion of this ruling. The parties' requests for judicial notice are GRANTED as written, with the exception of Exhibit 45 to the Yan Declaration, the “Ruth Memorandum.” The Disney Def...

Excerpt: ... the amount of the undertaking. Assuming the parties are unable to agree on the amount of the undertaking (a possibility the parties should seriously consider), TPG is to file a supplemental brief of no more than 8 pages (as well as any supporting evidence) by November 12, 2021. Olen may file a response of no longer than 8 pages (as well as any supporting evidence) by November 29, 2021. Upon receipt of the supplemental briefing, the Court will de...

Excerpt: ...s to the Declaration of Donald Krotee are SUSTAINED. I. Preliminary Comments The Court believes that this motion and the other discovery motions on file in this case possibly could have been avoided by a more robust meet and confer process. Among other things, if TPG's counsel had provided copies of the Krotee emails with his August 23, 2021 letter, then the parties potentially could have had a dialogue about document retention policies and issue...

Excerpt: ...s well. In addition, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any pending actions—whether individual, class or PAGA (including in the pre-filing LWDA stage)—that might be affected by this settlement? 2. The class period defined in the settlement agreement begins on December 9, 2018. The class period as defined in every version of the comp...

Excerpt: ...ovember 19, 2021. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. Other than the Perez, McCray, and Maloof PAGA actions, are the parties aware of any class, individual, or PAGA actions, whether pending before a court or in the pre-filing LWDA stage, that may be affected by this settlement? 2. As the Court reads the settle...

Excerpt: ...ntiff David Vasquez's delay in filing a claim that the Court should enter summary judgment in Defendants' favor. (See ROA 201, at Ruling p. 16.) The Court ordered this briefing because Defendants first raised the delay/prejudice issue in their reply, and due process required that Plaintiffs be permitted a chance to respond. No supplemental briefing was filed. For the reasons set forth below, and for the reasons set forth in the Court's original p...

Excerpt: ...lameda County Superior Court) granting a stay pending an appeal of a remand order. (Reply at p. 4.) The Court has neither read nor considered the superior court rulings cited by the parties. “Even assuming for the sake of argument that [these cases] involve[] the same issue as the case before [the Court] . . . a written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.)...

Excerpt: ...n addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Plaintiff's pre-filing letter to the LWDA is supposed to be an exhibit to the complaint, but it is not attached. Please provide a copy. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that would be affected by approval of this settlement? ...

Excerpt: ...een Plaintiff Wayne Calco and Ossur. Ossur demurred to Calco's original complaint. In support of its demurrer, Ossur sought judicial notice of the services agreement, which it conditionally lodged under seal. Rather than oppose the demurrer, Calco filed a first amended complaint. Ossur's demurrer therefore went off calendar. Ossur's motion to seal remains on calendar. Ossur contends the services agreement is a trade secret that contains proprieta...

Excerpt: ... the plume emanating from the 2040 Site where both entities operated. These Defendants contend that this information is material to the trial since it potentially affects both the declaratory relief action and the reasonableness of the District's investigatory costs. In response, the District points out, among other things, that this new data does not differ materially from Defendants' existing evidence regarding the distal end of the plume. (Opp...

Excerpt: ...ation provided, and the estimated lodestar. In approving these amounts and examining the billing records provided, the Court is not approving the hourly billing rates proposed by class counsel. 2. Litigation costs of $24,273.36, representing the full amount sought. 3. Administration costs in the amount of $9,500, per the administrator's declaration. 4. Enhancements of $5,000 to Aranda and $2,500 to Michel. In making these awards, the Court has co...

Excerpt: ...a. Plaintiffs are appointed class representatives. Setareh Law Group and Robinson Calcagnie, Inc. are appointed class counsel. GROUNDS FOR RULING Remaining at issue is the geographic scope of the class. Walmart contends the class must be limited to Californians (more properly, persons who suffered alleged FCRA violations in California), while Plaintiffs ask the Court to certify a nationwide class. Walmart argues that because the Court has decided...