Excerpt: ...a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. The table of contents indicates 1.18 contains the definition for "Gross Settlement Amount," but the Settlement omits that paragraph. 2. Please provide 60 days, rather than 45, for opt-outs, objections, and workweek disputes. (Agr. 1.11, 6.1.) 3. Section 1.33 regarding "Released PAGA Claims" must be limited to those specific Labor Code violat...

Excerpt: ... on Objection Nos. 1—3 to Plaintiff's evidence because the Court does not deem such evidence material to its disposition of the motion under CCP S437c(q). As to Objection Nos. 4—5, the objections are overruled as the evidence is not hearsay since it is not offered for the truth, but to the show Plaintiff's state of mind. II. Plaintiff's Objections to (1) Defendant's Reply Separate Statement (ROA 174); (2) Supplemental Avila Declaration (ROA 1...

Excerpt: ...mount of $317,500, nor do the settlement components set forth in the supplemental declaration add up to $250,000. 2. The amount of PAGA penalties allocated to the LWDA and to the aggrieved employees. Sections 13 and 19 of the Quintilone supplemental declaration appear to conflict on these amounts. 3. The amount of incentive payment Plaintiff seeks to receive. Is it $10,000 per Section 23 of the supplemental declaration, or is it $3,000 per Sectio...

Excerpt: ...or laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.) The Court will approve the follow-ng distributions: 1. Attorneys' fees and litigation costs in the amount of $2,000 from the $30,000 allocated to settle the PAGA claim. This award is discussed more fully below. 2. Litigation costs in the amount of $4,000, representing the full amount sought. 3. Administration costs in the amount of $2,950, representing the full amount sought. 4. ...

Excerpt: ...iff Esther Alarcon Ruiz's second and third causes of action, for breach of the implied covenant and negligence. The demurrer to both counts is SUSTAINED WITH LEAVE TO AMEND. Any amended complaint must filed by December 15, 2023. Defendants' request for judicial notice is GRANTED. l. Background As alleged in the complaint, Plaintiff is a tenant at the Villa Del Sol Apartment complex in Santa Ana. The complex is owned by Advanced Group 94-55 and ma...

Excerpt: ...ties' requests for judicial notice are DENIED because the evidence at issue is immaterial to the Court's ruling. (See Jordache Enterprises, Inc. v. Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not "necessary, helpful, or relevant"].) For the same reason, the Court has not considered WnG's evidentiary objections. l. Factual Background A. Procedural History This matter arises from work performe...

Excerpt: ...ase of Abdelmalak v. Prime Healthcare Anaheim, LLC, San Bernardino SC No. CIVS82127232. The Court rules as follows: 1. The request to compel individual arbitration is GRANTED. Plaintiff is ordered to arbitrate the individual portion of her PAGA claim per the parties' agreement. 2. The request to stay the representative portion of Plaintiff's PAGA claim pending completion of Plaintiff's individual arbitration is GRANTED. 3. The request to stay the...

Excerpt: ... of $23,155.07, the full amount sought. 3. Administration costs in the amount of $25,000, per the administrator's declaration. 4. Enhancements of $5,000 to Carillo-Salazar and Alaniz. In making these awards, the Court has considered only the factors set forth in Golba v. Dick's Sporting Goods, Inc. (2015) 238 cal.App.4th 1251 and Clark v. Am. Residential servs. L C (2009) 175 cal.App.4th 785. Pursuant to CCP S 384(b), Plaintiffs shall submit to t...

Excerpt: ...iolations, and UCL violations (only to the extent it is derivative of unreimbursed business expenses), and (2) Plaintiffs Vasquez and Fuentes De Dios's claim for wage statement violations. 2. The motions are DENIED as to all remaining claims for relief (including Ramirez's claim for UCL violations to the extent it is derivative of nan-reimbursement claims). 3. The motions are DENIED insofar as Defendant seeks dismissal of class claims. As a resul...

Excerpt: ...IED IN PART as follows. 1. The motion for summary judgment is DENIED as to all Moving Parties. 2. The motion for summary adjudication of the first cause of action (breach of contract) is GRANTED as to Santa Valencia and DENIED as to the remaining Moving Parties. 3. The motion for summary adjudication of the second cause of action (common counts) is DENIED as to all Moving Parties. 4. The motion for summary adjudication of the third cause of actio...

Excerpt: ...he parties' settlement over the course of four years—either the original settlement or the new settlement the parties agreed to after preliminary approval was first granted. To be clear, the number 16 is not a typo. Those hearings were as follows: 1. 11/15/2019: Preliminary Approval moton heard and CONTINUED. 2.01/10/2020: Preliminary Approval motion heard and CONTINUED. 3. 07/31/2020: Preliminary Approval motion heard and CONTINUED. 4. 09/01/2...

Excerpt: ...ated wage-and-hour actions involving Defendant's non-exempt employees. The others are Ramirez v. Premier Contractors, Inc., No. 23-01321365, and Vasquez v. Premier Contractors, Inc., No. 23- 01326481. This matter, the first-filed of the three, was originally one of two Cabrera cases: Plaintiff Cabrera brought both a class-only action and a PAGA-only action. Cabrera then dismissed his class claims in exchange for an individual settlement, leaving ...

Excerpt: ...e showing all changes, deletions and additions must be submitted as well. In addition, please ensure that any factual assertions made in supplemental briefing are supported by admissible evidence (e.g., declarations). 1. As noted previously, the class is defined in terms of employees of the "Released Parties," which principally consist of LCC, Stauffer and Meiji. The definition has amended to exclude their attorneys, but their insurers remain par...

Excerpt: ...notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. As to the Settlement: 1. What is the relationship between the two defendants? 2. Defendant's LWDA letter appears to menton only IClean, not Experience. Have administrative remedies been exhausted as to Experience? If not, can the Court approve a release of PAGA claims against Experience? 3. Apart from the Sanchez matter, are there any other acti...

Excerpt: ...sons set forth the writ petition is GRANTED, and the request for declaratory relief is DENIED. l. Factual Background Ray is the owner of a single-family residence at 337 Hawthorne Road in the City. The property is listed on the City's historic register as a C-rated structure. (AR14.) C-rated structures are "structures which contribute to the overall historic characteristic of the but are not unique or distinctive; however, these properties are st...

Excerpt: ...The motion is GRANTED. An arbitration review conference will take place on June 11, 2024 at 8:30 a.m. in Department CX-IOI. The Court has not considered the evidence submitted with Defendants' reply. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 he general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers."].) GROUNDS FOR RULING This is a PAGA-only action involving the employees of Defen...

Excerpt: ...ration demand with the American Arbitration Association, Retired Judge Ronald S. Prager was chosen as arbitrator. (O'Hare Decl. 4.) Judge Prager conducted an evidentiary hearing in February and March 2023. (ld., '15.) In May 2023, he issued an interim award on the issues presented at the evidentiary hearing, reserving other issues for a final award. (ld., 6.) Following a hearing on the issue of attorney's fees and costs, Judge Prager issued a fin...

Excerpt: ... the Court concludes there is no prevailing party in this matter. As a result, the motion is GRANTED and Defendants' claimed costs are stricken. At the hearing, the parties should be prepared to discuss the effect of the Court's prevailing party determination on Providence's memorandum of costs, which was filed on October 12. l. Background Providence's underlying lawsuit largely sounded in defamation. In brief, it alleged that Lozamira, Inc. and ...

Excerpt: ...D. I. Motion to Strike A. Disguised Demurrer As an initial matter, while the motion is captioned as one to strike and relies upon CCP S 435, CLI's pleadings challenge is actually a demurrer. CLI asks the Court to strike paragraphs 10 and 12-13 on the grounds that they are "irrelevant matter." But if these paragraphs are struck, the sole cause of action in the FAXC—breach of contract— would fail. These are the paragraphs that plead CLI's alleg...

Excerpt: ...tion is GRANTED. An arbitration review conference will take place on June 26, 2024 at 8:30 a.m. On its own motion, the Court takes notice of the record in Estrada v. Magnit, LLC, No. 23-01320695 (the "Class Action"). Plaintiff's sole evidentiary objection is OVERRULED. l. Existence of Agreement to Arbitrate The Court has already considered the exact arbitration agreement at issue. In the Class Action, the Court concluded that Defendants had prove...

Excerpt: ...r, to stay this action pending the resolution of Cruz v. Nike Retail Services, Inc. (S.D.Cal. No. 3:23-cv-00874) (the "Federal Acton"). For the reasons set forth below, Defendant's demurrer is OVERRULED, but the motion to stay is GRANTED. This case is stayed pending resolution of the Federal Acton. A status conference shall take place on April 22, 2024 at 9:00 a.m. The parties shall file a joint status conference statement no later than April 15,...

Excerpt: ...128.7. Mr. Pennington should be prepared to address this issue at the hearing of this motion. PRELIMINARY MATTERS l. Defendant's Request for Judicial Notice (ROA 21) Defendant seeks judicial notice of five items. Plaintiff Jordan Nutter objects to items 3 and 4. Because Plaintiff does not object to notice of items 1, 2, and 5, the Court GRANTS notice of those items. As to items 3, notice is DENIED because Defendant seeks to have the Court take ju...

Excerpt: ...r respects. II. Hoffman's Evidentiary Objections CRC 3.1354(b)(3) requires evidentiary objections to "[q]uote or set forth the objectionable statement or material." Hoffman's objections cite objectionable deposition testimony by page and line number, but they do not quote or set forth the objectionable material. The Court DECLINES TO CONSIDER these objections for noncompliance with the Rules of Court. Ill. Hoffman's Reply Evidence With his reply,...

Excerpt: ...ordered to file and serve the 2AC by no later than October 20, 2023. l. Moton for Reconsideration Defendant Walt Disney Parks & Resorts, Inc. (WDPR) contends this motion is an improper motion for reconsideration of the Court's ruling on WDPR's moton for summary adjudication. The Court disagrees. In the MSA ruling, the Court held that Vosko's FAC was limited to the allegation that he was retaliated against when WDPR terminated him for complaining ...

Excerpt: ...complaint can be amended to avoid the preemption doctrine discussed below, it is inclined to grant the demurrer WITHOUT LEAVE TO AMEND. As a result of this ruling, Crocano's motion to compel further discovery responses is DENIED AS MOOT. The parties' requests for judicial notice are DENIED. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not "necessary...