Excerpt: ...elow, the motion is GRANTED as to special interrogatories 2-11 and 14 and otherwise DENIED. Plaintiff's request for sanctions is DENIED. GROUNDS FOR RULING I. SIs 1, 23-24, 26 KVS's responses to 1, 23-24, and 26 all close by saying that KVS has no aggrieved employees. This would ordinarily be an improper response, but Plaintiff's definition of “aggrieved employees” isn't along the ordinary lines of “all non-exempt employees.” Per the inst...

Excerpt: ..., LLC. In the alternative, Travelers moves for summary adjudication of each cause of action in LaBarre's Second Amended Cross-Complaint (2AXC). For the reasons set forth below, the motion is DENIED. EVIDENTIARY MATTERS A. LaBarre's Objections to Travelers' Evidence All objections are overruled. B. LaBarre's Objections to Travelers' Separate Statement Objections are properly raised to evidence, not facts in a separate statement. Objections cannot ...

Excerpt: ...seek a stay of this action based on (1) a plea in abatement, (2) the rule of exclusive concurrent jurisdiction, and (3) the Court's inherent power. They also argue Knott fails to plead facts sufficient to state a PAGA claim insofar as his PAGA claim is based on alleged violation of the Equal Pay Act. Defendant Kevin Curry contends Knott fails to state facts sufficient to constitute a cause of action against him, both because Knott does not plead ...

Excerpt: ...2023. 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, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. The Court understands the parties' desire to adjust the class period to more closely correspond to their expectations when they originally reach...

Excerpt: ...is individual claims are ordered to arbitration per the parties' arbitration agreement. 2. Subject to the parties' stated positions at the hearing, the motion is CONTINUED as to the tenth cause of action (PAGA) to permit the filing of supplemental briefing discussed below. The Court proposes on its own motion to take notice of the docket in U Gym LLC v. Adzoh, No. 23-01327768. I. Terms of Agreement The purported arbitration agreement is attached ...

Excerpt: ...o such analysis was provided to the Court in connection with the approval motion in 2018, and, apart from a PAGA analysis of the potential cell phone penalties, no such analysis is provided with the current motion. Among other things, there is no indication of what value is placed on the settlement of the reimbursement claims involving uniforms/shoes, nor is there any valuation of the derivative claims that are part of the settlement. Presumably,...

Excerpt: ... (SCL). They also move to strike portions of the first amended complaint. For the reasons set forth below, the demurrer is SUSTAINED WITH LEAVE TO AMEND. The motion to strike is therefore DENIED AS MOOT. Any amended complaint must be filed by July 17, 2023. Defendants' unopposed request for judicial notice of documents filed in Wyatt v. Orange County Courier Logistics, LLLP, No. 17-00937665, is GRANTED. I. Factual Background The following backgro...

Excerpt: ... Jondo LTD and Its Counsel of Record, Jackson Lewis P.C. ROA 35 Plaintiff Jesus Martinez moves to compel further responses to his first set of requests for admission (RFAs) and first set of special interrogatories (SIs) to Defendant Jondo Ltd. He also seeks a total of $9,232.50 in sanctions on the two motions, entered jointly and severally against Defendant and its counsel of record, Jackson Lewis, P.C. The Court rules as follows: 1. The request ...

Excerpt: ...s to rule on the parties' other objections. (CCP § 437c(q).) GROUNDS FOR RULING I. Background The plaintiffs in this case are the Prime Hospitals, which operate hospitals in Orange County. CalOptima administers health insurance programs for numerous Orange County residents. As relevant here, this includes residents who receive health insurance through Medi-Cal and Medicare. CalOptima has entered into contracts with each of the Prime Hospitals. U...

Excerpt: ...y or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his ...

Excerpt: ...est for judicial notice is GRANTED as to Exhibits A and G and otherwise DENIED. I. Background As alleged in the FAC, and taken as true for purposes of demurrer: Trividia manufactures glucose test strips used by persons with diabetes. During manufacture, the test strips are supposed to be sealed in vials to protect them from heat and moisture exposure. If the strips are exposed to air before they are opened for use, they can return incorrect resul...

Excerpt: ... 8 of the notice of motion and otherwise denied. Any amended complaint must be filed by July 3, 2023. The Court has not considered Plaintiff's citation to unpublished decisions of the California Superior Courts. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.) I. Standard of Review A party may move to strike “any irrelevant, false, or improper matter in...

Excerpt: ... II Association's underlying claims. This motion is DENIED. However, in the event that Travelers' pending motion for summary judgment against LaBarre is denied, then, for the reasons set forth below, the Court will reconsider this motion. At the hearing, the parties should be prepared to discuss a new hearing date for Travelers Casualty Insurance Company of America's motion for summary judgment on the operative 2AXC, as well as a new trial date. ...

Excerpt: ...unsel's prior declaration (ROA 177), Bose's $333,000 individual settlement was 53% of the overall maximum potential value (including his wrongful termination claims). Applying that 53% ratio to the wage-and-hour maximum value means Bose settled his individual wage-and-hour claims for $145,879.11. Assuming 544 class members, and accounting for all proposed deductions from the GSA, individual class members will receive an average of $361.29 to sett...

Excerpt: ...0 a.m. in Department CX104 to permit the parties to respond to the following items of concern. Any supplemental briefing shall be filed on or before July 18, 2023. 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, Plaintiffs must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the S...

Excerpt: ...th a few tweaks. For example, and without limitation:  While the moving papers define “PAGA Members” and a “PAGA Period,” neither of these terms is defined in the agreement itself (i.e., the contract that binds the parties and that the administrator will implement).  The agreement provides for payment of a “reasonable amount” to the administrator, effectively asking the Court to write a blank check for administrative costs.  ...

Excerpt: ... punitive damages in the FAC is GRANTED. This is an unfair competition action. Defendants operate automotive fuel stations. They charge cash customers a lower price for fuel than credit customers. Plaintiff, on behalf of a putative class, contends Defendants' practices for posting prices at the pump are deceptive. (That is, Plaintiff does not challenge the “split price” system, only how Defendants post the prices at the pump.) He brings a cau...

Excerpt: ... Doe amendments. Plaintiff seeks to have the Court assess civil penalties against Dragna and Joutz individually as “other person[s] acting on behalf of an employer.” (Lab. Code § 558(a); see also Atempa v. Pedrazzani (2018) 27 Cal.App.5th 809 [plaintiff in PAGA matter may recover civil penalties against individuals under § 558(a)].) Dragna and Joutz were not named in any of Plaintiff's three pre-filing letters to the LWDA. They argue that b...

Excerpt: ... and Uribe's was filed in Orange County. The cases were litigated separately. Crown and Uribe eventually agreed to a settlement that would encompass all of Garibay's claims. In order to oppose Uribe's settlement, Garibay moved to intervene in Uribe's case. Judge Sanders granted Garibay's motion to intervene, and Garibay formally opposed Uribe's approval motion. After Judge Sanders granted preliminary approval, Garibay opted out of the class porti...

Excerpt: ... signed the arbitration agreement. It is otherwise OVERRULED. In this wage-and-hour class action, Defendants seek to compel arbitration of Plaintiff's claims and stay the case pending completion of arbitration. Plaintiff argues Defendants have not proven the existence of an agreement, and even if they have, the agreement is unconscionable. The Court need only address the first question. Standard of Review The moving party always bears the burden ...

Excerpt: ...in defending against this motion is also DENIED. The Prime Hospitals seek sanctions under CCP S 128.7 for CalOptima's filing of its summary judgment/adjudication motion based on Government Claims Act noncompliance. The Court denied CalOptima's motion on May 26, 2023. (ROA 994.) The Prime Hospitals electronically served the moving papers on CalOptima on April 13, 2023. (ROA 947, II 27.) They filed the motion on May 10, 2023. This complies with the...

Excerpt: ... a new trial is GRANTED IN PART pursuant to CCP 657. The Court hereby modifies its March 20, 2023 ruling granting summary judgment by striking Section ("Direct Negligence"). The April 5, 2023 judgment in favor of Travelers and referencing the March 20, 2023 is vacated, and Travelers shall prepare a new judgment in light of the ruling on the present motion. EVIDENTIARY MATTERS LaBarre's two unopposed requests for judicial notice of documents filed...

Excerpt: ...368 4. Status Conference MOTION FOR LEAVE TO AMEND Plaintiff Maren S. Miller's motion for leave to file a Fifth Amended Complaint (5AC) is DENIED. Relevant Background This is a products liability action sounding in failure to warn. Plaintiff took Korlym, a drug manufactured by defendant Corcept Therapeutics Incorporated, to manage her symptoms from Cushing's disease. Plaintiff contends her Korlym use caused endometrial hypertrophy, polycystic ova...

Excerpt: ... Jay Prasad's Notice of Motion and Motion to Strike Portions of Hagin Enterprises' Third Amended Cross-complaint ROA 356 3. Cross-Defendant Commercial Bank of California's Notice of Motion and Motion to Compel Arbitration ROA 350 Before the Court are three motions: 2 3 Commercial Bank of California's ("CBCal") motion to compel arbitration. Electronic Commerce, LLC and related parties' (collectively, "EC") demurrer to the Third Amended Cross-compl...

Excerpt: ...P S 1032. Recoverable costs are set forth in CCP S 1033.5, which defines allowable, non-allowable and discretionary costs. (ld., S 1033.5(a), (b), Allowable and discretionary costs may be recovered only if "reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation." (ld., S 1033.5(c); see also Ladas v. California State Auto Assn. (1 gg3) 19 Cal.App.4th 761, 774.) Other costs may also be r...