Excerpt: ...ns in response to interrogatories, the party opposing discovery has an obligation to supply the basis…”.]; CCP § 2030.230 [responding party may “specify the writings from which the answer may be derived or ascertained. This specification shall be in sufficient detail to permit the propounding party to locate and to identify, as readily as the responding party can, the documents from which the answer may be ascertained.”].) RP argues that...

Excerpt: ...e § 1786]), the Consumer Credit Reporting Agencies Act (“CCRAA” [Civ. Code § 1785]), and Cal. Bus. & Prof. Code § 17200. Through today's motion, Accurate seeks an order sustaining its demurrer on the grounds the SAC fails to state sufficient facts to state a cause of action. (CCP § 430.10(e).) Defendant's Demurrer to the Second Amended Complaint is OVERRULED in part and SUSTAINED in part. Defendant's counsel provides evidence of a meet an...

Excerpt: ...before accepting or rejecting the referee's recommendations.” (Rockwell International Corp. v. Superior Court (1994) 26 Cal.App.4th 1255, 1269.) Although the trial court must independently consider the referee's findings before acting, the referee's recommendations are entitled to “great weight.” Estate of Beard (1999) 71 Cal.App.4th 753, 777. Here, the parties were referred to discovery referee, Daniel B. Garrie, “to decide all issues ar...

Excerpt: ...06537–43 and AEILIC 006554–55. As explained in Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4 th 1273, Court's ordinarily seal “matters relating to the business operations of defendant” where “public revelation of these matters would interfere with its ability to effectively compete in the marketplace” or “there is a substantial probability that their revelation would prejudice the…legitimate interest of defen...

Excerpt: ...e the substance of the parties' settlement. The task of the trial court is to review and approve the settlement, making sure it is fair to both the LWDA, as well as the employees (all of them, not just the named Plaintiff) subjected to one or more of the alleged Labor Code violations. (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) Although the test for fairness is not well-defined, courts generally look to whether the settlement is genui...

Excerpt: ...nique information regarding the underlying case and because the City has failed to exhaust less intrusive means of discovery. In opposition, WCA seeks a protective order. Both motions are DENIED without prejudice. The general rule is that parties are entitled to depose “any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association...

Excerpt: ...ould be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986; accord Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381). Accordingly, the trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated...

Excerpt: ...��56, AEILIC 004587–90, and AEILIC 006852–59. As explained in Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4 th 1273, Court's ordinarily seal “matters relating to the business operations of defendant” where “public revelation of these matters would interfere with its ability to effectively compete in the marketplace” or “there is a substantial probability that their revelation would prejudice the…legitimate in...

Excerpt: ...) to seal many of the same documents, the Court has ordered the following documents sealed: AEILIC 004526–27, AEILIC 004538–42, AEILIC 004545–49, AEILIC 004552–56, AEILIC 004587–90, and AEILIC 006852–59. Accordingly, to the extent Defendant Tucker Advisory Group, Inc. and specially appearing Defendant Karlan K. Tucker's motion requests sealing of those same documents, the motion is DENIED AS MOOT. As to the remaining two documents, AE...

Excerpt: ...sts: $12,000; Enhancement: $5,000; Administration: $20,000; LWDA: $56,250. Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns: 1. The notice of motion (ROA 169) contains the name of the wrong court. 2. The Settlement provides the Settlement Administrator is the final arbiter of disputes regarding “Dancer Days.” (JS ¶ 39(e)(8).) The Settlement should be revi...

Excerpt: .../21, the Court granted in part and denied in part the motion to compel compliance. In addition, the Court ordered the parties to (1) meet and confer within 7 days and agree on a new Belaire notice to be disseminated immediately, OR (2) agree on a discovery referee, or at least a short list of three for this Court to select from. The issue of sanctions was not ruled upon at that time, pending the outcome of the parties meet and confer efforts or a...

Excerpt: ...ptember 17, 2021. (ROA No. 84). Having reviewed the above referenced document and the Revised Agreement attached thereto, the Court has the following concerns: 1. Plaintiff has indicated an intent to dismiss the individual Defendants from this action. (¶3(i) of Supplemental Del Castillo Declaration). Plaintiff should file her Request for Dismissal, to permit this action to be fully resolved. 2. The Court notes that the Release has been amended; ...

Excerpt: ...ed to resolve for a gross settlement amount of $1,500,000 (GSA). From there, counsel proposes the following deductions/allocations: Attorney Fees: $500,000 (1/3 of the GSA) Litigation Costs: $40,000 Plaintiff Enhancement: $30,000 total ($10,000 x 3) Admin. Costs: $45,000.00 LWDA share of PAGA: $15,000 Class size: California Class: 7,844; FCRA Class: 50 Class tax allocations: 25% W-2; 75% 1099 Uncashed checks: State Controller Based upon the above...

Excerpt: ...ons commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence.” (Kumaraperu v. Feldsted (2015) 237 Cal.App.4 th 60, 66). “A plaintiff seeking to recover such damages must allege a causal connection between the defendant's breach of duty and the injury.” (Id. at 66). “Where the pleaded facts ...

Excerpt: ...has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on the claim. Navellier v. Sletten (2002) 29 Cal.4th 82, 88. Step One: Protected Speech? Yes. “At the first step, the moving defendant bears the burden of identifying all allegations of protected activity, and the claims for relief supported by them. When relief is sought based on allegations of both protected and unprotected activity, th...

Excerpt: ...nerally understands the PAGA analysis provided and would not question a set-aside of $10,000 for the PAGA cause of action, if counsel made it clear that every class member is also an aggrieved employee, and vice versa, such that everyone taking part in the settlement shares equally. That means the PAGA portion to aggrieved employees pours into the net settlement amount, which is then distributed to all class members and not just certain ones. Bec...

Excerpt: ...FAC pleads in conclusory fashion that he was an employee at the time of his interviews. Conclusory allegations are permitted if they are supported by other factual allegations in the complaint. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) However, Defendants contend that this conclusion is not supported by any other factual allegation in the FAC. The Court finds that the allegations set forth in Paragraphs 7, 8, 14-21 of the FAC are su...

Excerpt: ...vice of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing,” or “the propounding party waives any right to compel a further response to the interrogatories.” (C.C.P. §2030.300(c)). The statutes outlining the time requirements for filing a Motion to Compel Further Responses are “mandatory and the court may not ...

Excerpt: ...tinue to employ a worker known to be ineligible (8 U.S.C. §1324a(a)(2)), any state law award that compensates an unauthorized alien worker for loss of employment during the post-discovery period directly conflicts with the federal immigration law prohibition against continuing to employ workers whom the employer knows are unauthorized aliens.” (Id. at 424). “Such an award would impose liability on the employer for not performing an act (cont...

Excerpt: ...Los Alamitos Medical Center, Inc.; and (3) Defendants' motion for protective order. Plaintiff's two motions to compel further responses to Special Interrogatories and Request for Production of Documents, respectively, are CONTINUED to 1/21/22 at 9:30 a.m. in this department. Defendants' Motion for Protective Order actually consists of a motion for protective order relating to twenty-nine different sets of discovery relating to discovery served by...

Excerpt: ...the collection of fees and actual calendaring of the Motion for Joinder. Consequently, although Counsel obtained a Reservation Number prior to filing the Notice, the means by which the Joinder was filed did not, in actuality, use the Reservation Number and the Motion was not appropriately scheduled for hearing. Until and unless the Joinder is appropriately filed and calendared, the Court declines to rule on it. Motion for Summary Judgment or Summ...

Excerpt: ...ees, Cheryl Dyas and Heather Campbell, on the basis that they are apex employees with no personal information regarding the underlying case. Ms. Dyas An an initial matter, WCA contends that it is not seeking to depose Ms. Dyas at this time. Nevertheless, the City still seeks a protective order as to her deposition in addition to Ms. Campbell. However, since WCA is no longer seeking to depose Ms. Dyas at this time, the motion is DENIED as MOOT as ...

Excerpt: ...ement. At the last hearing on 6/11/21, the Court raised numerous concerns. (ROA 144.) In an effort to respond to these concerns, on 8/10/21, Plaintiffs filed a Supplemental Submission; Revised [Proposed] Order (Includes a Proposed Fourth Amended Complaint); and Declaration of Ali S. Carlsen. The Carlsen Declaration also includes both the redlined version and clean version of the Amended Stipulation (Exs. 1 & 3); as well as both the redlined versi...

Excerpt: ...to have been entered. (ROA No. 97). Consequently, the claims technically remain. Nonetheless, given Plaintiffs concession these individuals cannot state a claim under PAGA, the portion of the Demurrer directed towards these Plaintiffs is SUSTAINED, without leave to amend. With respect to Plaintiffs Kristine Michel and Tiffany Indrawan, Plaintiff asserts that timely notice to the LWDA has now been provided, as of June 23, 2021. (Opposition: 5:18-2...

Excerpt: ...ties propose to settle this case for $150,000.00, with the following deductions and allocations: Attorney Fees: $50,000.00 Litigation Costs: $ 6,000.00 Administrative Costs: $ 6,750.00 Representative Cost: $ 2,500.00 Labor Department: $11,250.00 This results in a net of $74,500.00 to the class of 100 members (assuming every class member is treated as an aggrieved employee, and vice versa). Plaintiff proposes to treat each distribution as 40% wage...

Excerpt: ...o would be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986; See also Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381). Accordingly, the trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negot...

Excerpt: ...d by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986; See also Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381). Accordingly, the trial court must “review and approve” a PAGA settlement. (Labor Code §2699(l)(2)). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolutio...

Excerpt: ... the remainder of this action shall be stayed, pending arbitration. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4 th 348, 364; See also C.C.P. §1281.4 and 9 U.S.C. §3). “[T]he general rule is ‘one must be a party to an arbitration agreement to be bound by it or invoke it.” (Garcia v. Pexco, LLC (2017) 11 Cal.App.5 th 782, 785). However, “[c]ourts recognize exceptions to the general rule which allow nonsignatories to c...

Excerpt: ... 569). Here, while Surf Lagoons is identified as a cross-complainant on the caption of the 4AXC, Surf Lagoons is not identified as a cross-complainant anywhere in the body of the 4AXC. (See FAXC, at ¶¶1-7 “Parties”.) Even the charging allegations in the 2 nd COA do not indicate Surf Lagoons is cross-complainant despite alleging Surf Lagoons entered into a contract with AWM. (See FAXC, at ¶36.) As such, on its face, Surf Lagoons is not a pa...

Excerpt: ... deductions/allocations: Attorney Fees: $33,333.33 Litigation Costs: $12,000.00 Plaintiff Enhancement: $5,000.00 Admin. Costs: $5,000.00 LWDA: $3,750.00 Class size: 95 Net to employees: $40,916.67 Class tax allocations: 20% W-2; 80% 1099 Provisional Certification of the Class After parties to a putative class action settle the dispute, they must present that settlement to the trial court for approval. If the class has not yet been certified, part...

Excerpt: ...val of a PAGA settlement. The gross settlement amount (“GSA”) is $575,000.00, which is intended to cover approximately 2,115 non-exempt hourly employees suffering one of many wage/hour violations sometime between 11/22/13 and 08/01/18. This is a non-reversionary settlement. The proposed deductions/allocations from the GSA are as follows: Attorney Fees: $191,666.00 Litigation Costs: $20,000.00 Administrator Costs: $19,500.00 Service Enhancemen...

Excerpt: ...For sake of ease, but with no intention to foretell a legal conclusion, the three individuals and two entities will at times be collectively referred to as the “Township Defendants.” These defendants supplied individuals to work at The Resort at Pelican Hill (hereinafter “Resort”). One such individual was plaintiff herein. Plaintiff began working for the Township Defendants (more precisely Township Building Services) as an office coordina...

Excerpt: ...oughout California, and any number of additional “job sites” where its workers might be called to action. Defendant regularly employs thousands of non-exempt hourly laborers and has an estimated 9,000 workers who might qualify as class members. Plaintiff Sanchez was employed by Defendant on and off for about fifteen (15) years, from approximately 2000 to 2015. He was employed in the “underground division” as a construction laborer in an h...

Excerpt: ...nty, Rosser's professional services fell below the standard of care, leading to costly delays in approvals and bidding. According to the County, the project has never been completed and Rosser recently walked off the job, citing financial collapse. On 07/12/19, County filed suit against Rosser for negligence, breach of contract and declaratory relief. Rosser responded with an answer, and a cross-complaint against these demurring parties among oth...

Excerpt: ...ange County. Two months later, plaintiff Fuentes commenced a class action suit in federal district court, basically asserting the same types of claims. Plaintiff Johnson was added as a named representative in the federal action. All of the representative plaintiffs came together for a global settlement, and in so doing agreed that the most efficient way to resolve the litigation was to bring all the actions to this Court. The resulting settlement...

Excerpt: ...of care, leading to costly delays in approvals and bidding. According to the County, the project has never been completed and Rosser recently walked off the job, citing financial collapse. On 07/12/19, County filed suit against Rosser for negligence, breach of contract and declaratory relief. Rosser responded with an answer, and a cross-complaint Cini-Little and others. Rosser also led a motion to transfer venue here to OC, which was granted. On ...

Excerpt: ...tuated that any judgment rendered in his absence “may as a practical matter impair or impede that person's ability to protect that interest.” CCP § 387(b). The party claiming a right to intervene must show an interest in the “property or transaction” that is the subject of the litigation, that would be substantially prejudiced by any judgment rendered in his or her absence. Hodge v. Kirkpatrick Develop., Inc. (2005) 130 Cal.App.4 th 540,...

Excerpt: ...rnate capacity as cross-complainant caused to be filed a motion to compel further responses to “Special Interrogatories, Set One, Nos. 6, 8-11, 15, 17-22, 26-31, 35-45, and 48-49.” Both the memorandum and the separate statement directly addressed SRog No. 19. Timely opposition and reply papers were filed in relation thereto. The motion was originally scheduled to be heard 10/11/19 but was continued out a few weeks. On 12/13/19, Hon. Sanders r...

Excerpt: ... contract based on the Non-Disclosure Agreement between DWB and Surf Paradiso. 4AXC, Ex. A. Whether it is written, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Top...

Excerpt: .... Until recently, defendant owned a distribution center in Camarillo, California, with twenty-one (21) non-exempt hourly-pay employees. On or about 07/31/17, defendant received an unannounced visit at its Orange County headquarters from Forensic Auditor Shearer with the U.S. Immigration Customs Enforcement division of the U.S. Department of Homeland Security referred to as “ICE”. A Notice of Inspection was hand served that same day, calling f...

Excerpt: ...approve any settlement thereof. Procedurally, the trial court must confirm that plaintiff satisfied all of the pre- and post-filing requirements. For example, before the lawsuit was filed, plaintiff was required to give the LWDA pre-filing notice via its online portal, within one year of the offense, “of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.” The ...

Excerpt: ...suits here in Orange County (2011-462521, 2011-477186, and 2011-502285). Those disputes were eventually resolved by arbitration. During the course thereof, Colton was removed from his post as fund manager, and replaced with plaintiff Steven Speier (“Speier”). Soon after Speier took over, disputes arose. The funds sought to remove Speier and return Colton to his former position as funds manager. Speier filed suit (2017- 956650). Those claims w...

Excerpt: ...borists to secure the deposition of the City's retained expert consultant, specifically employing the services of the OCSD. To determine the propriety of the deposition, it is critical to discuss the deponent. Rebecca Latta is a certified arborist and tree risk assessor, with 28 years of experience in horticulture, arboriculture and water management for municipal, utility, residential and commercial properties. Review of her cv suggests that the ...

Excerpt: ...ions: Attorney Fees: $33,333.33 Litigation Costs: $12,000.00 Plaintiff Enhancement: $5,000.00 Admin. Costs: $5,000.00 LWDA: $3,750.00 Class size: 95 (but subclass treatment) Net to employees: $40,916.67 Class tax allocations: 20% W-2; 80% 1099 Provisional Certification of the Class After parties to a putative class action settle the dispute, they must present that settlement to the trial court for approval. If the class has not yet been certified...

Excerpt: ...nning nearly three years. It began in March of 2018 with a putative class action suit filed in Alameda County by then-plaintiff Tracy Reid and grew into five separate lawsuits in state and federal court throughout California. All of the representative plaintiffs came together for a global settlement, and in so doing agreed that the most efficient way to resolve the litigation was to bring all the actions under one roof. The resulting settlement w...

Excerpt: ...ollowing deductions/allocations: Attorney Fees: $300,000.00 Litigation Costs: $30,000.00 Plaintiff Enhancement: $15,000.00 x2 Admin. Costs: $11,000.00 LWDA: $33,750.00 Class size: 888 (but subclass treatment) Net to employees: $495,250.00 Class tax allocations: 12% W-2; 8% 1099 Uncashed checks: State Controller Provisional Certification of the Class After parties to a putative class action settle the dispute, they must present that settlement to ...

Excerpt: ...tlement, and a motion by defense counsel to withdraw. Motion to Approve Settlement A PAGA claim is a type of qui tam action in which a private plaintiff pursues a dispute between an employer and the state Labor and Workforce Development Agency on behalf of the state. Because the aggrieved employee stands in the shoes of the LWDA when prosecuting and resolving a PAGA claim, the trial court must review and approve any settlement thereof. On a propo...

Excerpt: ...�� 5th COA: business expenses;  6th COA: unfair business practices;  7th COA: PAGA. Before the Court this day is plaintiff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve for a gross settlement amount of $890,000.00. From there, counsel proposes the following deductions/allocations: Attorney Fees: $296,637.00 Litigation Costs: $20,000.00 Plaintiff Enhancement: $12,...

Excerpt: ... approval of a settlement reached in the action. The referenced litigation is slated to resolve for a gross settlement amount of $180,000.00 in monthly payments. From there, counsel proposes the following deductions/allocations: Attorney Fees: $60,000.00 Litigation Costs: $16,000.00 Plaintiff Enhancement: $5,000.00 Admin. Costs: $15,000.00 Class size: 450 Net to employees: $84,000.00 Class tax allocations: 33.3% W-2; 66.7% 1099 Uncashed checks: S...

Excerpt: ...is plaintiff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve for a gross settlement amount of $600,000.00. From there, counsel proposes the following deductions/allocations: Attorney Fees: $200,000.00 Litigation Costs: $15,000.00 Plaintiff Enhancement: $20,000.00 (total) Admin. Costs: $5,000.00 LWDA: $39,937.50 Class size: 21 Net to employees: $530,863.00 Class tax alloc...

Excerpt: ...unt for overtime hours. Overtime is 1.5x the “regular rate,” but the law has not clarified what “regular rate” actually means. Plaintiff contends that overtime should have been calculated at 1.5x true hourly rate PLUS 1.5x some value associated with the per diem (even though working overtime had no impact on the lodging per diem). The operative pleading is the original Complaint, which contains three causes of action:  1st COA: failure...

Excerpt: ...proposes the following deductions/allocations: Attorney Fees: $50,000.00 Litigation Costs: $11,859.46 Plaintiff Enhancement: $7,500.00 Admin. Costs: $5,250.00 LWDA PAGA Penalties: $3,750.00 Class size: 47 Net to employees: $71,640.54 All class members: $66,871.01 (67% 1099) Wage sub-class: $3,519.58 (67% 1099) PAGA employees: $1,250.00 (100% 1099) There has been complete satisfaction of the notice requirement, and zero objections or opt- outs. As...

Excerpt: ...ction. Before the Court this day is plaintiff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve for a gross settlement amount of $525,000.00. From there, counsel proposes the following deductions/allocations: Attorney Fees: $175,000.00 Litigation Costs: $20,000.00 Plaintiff Enhancement: $15,750.00 Admin. Costs: $8,000.00 Class size: 213 Net to employees: $306,250.00 Class ...

Excerpt: ...iff's application for preliminary approval of a settlement reached in the action. The referenced litigation is slated to resolve with no monetary benefit of any kind to the class members, but with an agreement from defendant to modify its advertising to exclude the following phrases: (1) “no negative side efforts”; (2) “no side effects”; and (3) “100% safe”. In addition to this injunctive relief, defendant has agreed to pay plaintiff ...

Excerpt: ...tions filed by plaintiff, seeking class member information from non-parties who used defendant's services. As plaintiff states, this is not a suit seeking any relief or remedy against these non-parties, but instead is a suit focused exclusively on the credit reporting agency who reportedly took a short cut. The motions will have to be continued for further briefing on the following salient concerns. First, as noted in the Rutter Guide on Civil Pr...

Excerpt: ... follows: “I KNOWINGLY AND VOLUNTARILY AGREE TO SUBMIT AND SETTLE ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO MY EMPLOYMENT RELATIONSHIP WITH 14 WEST COAST LLC TO ARBITRATION AS DESCRIBED IN THE ARBITRATION AGREEMENT SECTION OF THIS HANDBOOK … I ALSO AGREE THAT I WILL ONLY ASSERT INDIVIDUAL CLAIMS AND WILL NOT ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS.” The referenced employee handbook, according to Alaina Cruz...

Excerpt: ...as a putative class, asserting that these violations were commonplace for all non-exempt employees. Shortly thereafter she filed a First Amended Complaint, adding a cause of action for civil PAGA penalties. Following discovery and extensive document review, the parties participated in mediation sessions. Despite a number of issues, the parties resolved the matter with a GSA of $560,000.00, with the typical deductions/allocations. The PAGA Portion...

Excerpt: ...M did not provide an unqualified admission to RFAs 9-11. As such, Tokio requested from BFM a verified response to the following form interrogatory: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: a) state the number of the request; b) state all facts upon which you base your response; c) state the names, ADDRESSES, and teleph...

Excerpt: ...wage. 2. Wages and Overtime Subclass. All Class Members who were not compensated for all hours worked for Defendants at the required rates of pay, including for all hours worked in excess of eight in a day and/or forty in a week. 3. Meal Period Subclass. All Class Members who were subject to Defendants' policy and/or practice of failing to provide unpaid 30-minute uninterrupted and duty-free meal periods or one hour of pay at the Class Member's r...

Excerpt: ...our violations. That pleading identified the prospective class as “all California citizens currently or formerly employed by Defendants as nonexempt employees in the State of California within four years prior to the filing of this action to the time the class is certified,” and a sub-class of “members who separated their employment with Defendants at any time within three years prior to the filing of this action to the time the class is ce...

Excerpt: ...Defendants in California in the past four years who were not covered by a CBA between Kindness and IBEW Local No. 47. (The union subclass has since been merged into the non-union subclass, as explained in counsel's recent supplemental filing.) The referenced litigation is slated to resolve for a gross settlement amount of $850,000.00. Counsel proposes the following deductions/allocations: Attorney Fees: $297,500.00 Litigation Costs: $35,000.00 Pl...

Excerpt: ...ns/allocations: Attorney Fees: $50,000.00 Litigation Costs: $11,859.46 Plaintiff Enhancement: $7,500.00 Admin. Costs: $5,250.00 LWDA PAGA Penalties: $3,750.00 Class size: 47 Net to employees: $71,640.54 All class members: $66,871.01 (67% 1099) Wage sub-class: $3,519.58 (67% 1099) PAGA employees: $1,250.00 (100% 1099) There has been complete satisfaction of the notice requirement, and zero objections or opt- outs. As part of the settlement, defend...

Excerpt: ...y three years. It began in March of 2018 with a putative class action suit filed in Alameda County by then plaintiff Tracy Reid and grew into five separate lawsuits in state and federal court throughout California. All of the representative plaintiffs came together for a global settlement, and in so doing agreed that the most efficient way to complete the resolution was to bring it to this Court. The resulting settlement was the product of severa...

Excerpt: ... Although a demurrer is ordinarily limited to matters found within the four corners of the challenged pleading, in the case of a plea in abatement under sub (c), a trial court will often consider matters outside the four corners that are subject to judicial notice. See CCP §430.30; Bistawros v. Greenberg (1987) 189 Cal.App.3d 189, 191-192. Pursuant to Evid. Code §452(d), a trial court may take judicial notice of court records. Here, defendant p...

Excerpt: ...reof. Procedurally, the trial court must confirm that plaintiff satisfied all of the pre- and post-filing requirements. For example, before the lawsuit was filed, plaintiff was required to give the LWDA pre-filing notice via its online portal, within one year of the offense, “of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.” The notice must contain at lea...

Excerpt: ...laim, the trial court must review and approve any settlement thereof. Procedurally, the trial court must confirm that plaintiff satisfied all of the pre-filing and post-filing requirements. For example, before the lawsuit was filed, plaintiff was required to give the LWDA pre-filing notice via its online portal, within one year of the offense, “of the specific provisions of this code alleged to have been violated, including the facts and theori...

Excerpt: ...e operative pleading contains two causes of action: one based on consumer misrepresentation (Civil Code §1750 et seq), and the other on the Patient's Bill of Rights (H&S Code §1430(b). Before the Court are a myriad of discovery disputes, summarily described as follows:  Defendants' motion for a protective order to stay a managing agent deposition;  Plaintiff's motion to compel the very same deposition;  Plaintiff's motion to compel the...

Excerpt: ...ed expert consultant, specifically employing the services of the OCSD. Rebecca Latta is a certified arborist and tree risk assessor, with 28 years of experience in horticulture, arboriculture and water management for municipal, utility, residential and commercial properties. Review of her cv suggests that the bulk of her expert services manifest in site inspections and written opinions, though she has “provided 3 depositions and testified in 2 ...

Excerpt: ...justment program which, under Civil Code §1795.92, must be communicated to all owners of Kia vehicles with the same sunroof. Plaintiff pleads the claim as one for an unfair or unlawful business practice under B&P Code §17200. Kia calls its program a “goodwill gesture” rather than an actual adjustment to its formal written warranty. Class certification was denied in the related action (Kondash v. Kia Motors America, Inc., Case No. 1:15-cv-50...

Excerpt: ...” or “constructively” commenced in a timely manner. This would appear to be beyond the scope of what section 473(b) authorizes, with the relief being sought here essentially reexamining the final determination of the merits of the case. To illustrate, Civil Code 8460(a) has been described as a kind of statute of limitations. (See Petersen v. W. T. Grant Co. (1974) 41 Cal.App.3d 217, 219; Automatic Sprinkler Corp. v. Southern Cal. Edison Co....

Excerpt: ...” or “constructively” commenced in a timely manner. This would appear to be beyond the scope of what section 473(b) authorizes, with the relief being sought here essentially reexamining the final determination of the merits of the case. To illustrate, Civil Code 8460(a) has been described as a kind of statute of limitations. (See Petersen v. W. T. Grant Co. (1974) 41 Cal.App.3d 217, 219; Automatic Sprinkler Corp. v. Southern Cal. Edison Co....

Excerpt: ...o compel further responses to RPDs and SRogs. The parties have previously attended an Informal Discovery Conference and exchanged private financial information with an eye toward a strategic settlement. Neither avenue succeeded. Production of Documents The party seeking documents in an opponent's possession, custody or control must describe with reasonably particularity the specific document, or category of documents, sought. In addition, he/she ...

Excerpt: ...rse necessary business expenses. After extensive investigation and an exchange of information and documents, including defendant providing a large volume of documents and data points via excel spreadsheets, Plaintiff was able to evaluate the facts of the case and the veracity, strength, scope, and value of the claims. The parties eventually settled the case with the aid of a professional mediator for the gross amount of $1,500,000.00 – subject ...

Excerpt: ...r extensive investigation and an exchange of information and documents, including defendant providing a large volume of documents and data points via excel spreadsheets, plaintiff was able to evaluate the facts of the case and the veracity, strength, scope, and value of the claims. The parties eventually settled the case with the aid of a professional mediator for the gross amount of $307,626.00 – subject to the following allocations:  Attor...

Excerpt: ...  Number of pay periods: 1,518 o 11/22/16  02/19/17 o 11/15/19  10/26/20  Realistic estimation: $178,700.00  Settlement amount: $57,000.00  Attorney Fees: $19,166.66  Litigation costs: $11,000.00  Administrator costs: $1,400.00  Plaintiff enhancement: $1,500.00  Net Penalty: o To LWDA: $18,081.25 o To employees: $6,027.09  Ave. penalty per employee: $91.00 Scope of Settlement and Release The operative pleading her...

Excerpt: ...ployees with all required overtime pay;  Violations of Labor Code sections 1182.12, 1194, 1197, and 1197.1, and the applicable IWC Wage Order for Defendant's failure to compensate Plaintiff and Aggrieved Employees with at least minimum wages for all hours worked;  Violation of Labor Code sections 226.7, 512(a), and 1198, and the applicable IWC Wage Order for Defendants' failure to provide Plaintiff and Aggrieved Employees with meal periods;...

Excerpt: ... Pay Rest Period Compensation (Cal. Lab. Code section 226.7);  Failure to Furnish Accurate Wage and Hour Statements (Cal. Lab. Code section 226);  Failure to Pay Wages Upon Discharge (Cal. Lab. Code section 201);  Statutory Penalties (Cal. Lab. Code sections 203 and 558);  Failure to Indemnify and Illegal Deductions from Wages (Cal. Lab. Code section 2802);  Retaliation (Cal. Lab. Code sections 1102.5, 98.6);  Wrongful Terminati...

Excerpt: ...n the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the strength of plaintiffs' case;  the risk, expense, comp...

Excerpt: ...hearing, the trial court must make a finding, based on the evidence presented, that the settlement is fair, adequate, and reasonable. The purpose of the requirement is to protect class members whose voices may not have been heard by the negotiating parties. Luckey v. Superior Court (2014) 228 Cal.App.4 th 81, 93. The trial court has broad discretion to determine whether the settlement is fair. Some of the factors to consider include:  the stre...

Excerpt: ...vidual or as a class representative. Defendant contends in the demurrer that plaintiff Antigua Cantina lacks standing to pursue relief because it is a dissolved corporation. In the motion for judgment on the pleadings, defendant contends that plaintiff lacks standing because any interests it had in the pending dispute were transferred to the Chapter 7 trustee after it filed for bankruptcy protection. Plaintiff concedes one, but not the other. Sep...

Excerpt: ...ion case at issue in federal court. When plaintiffs filed this action, they served Notice of a Related Case, identifying that case as follows:  Dawkins v. Carrington, 0:20-cv-60998, S.D. Fla, filed 05/20/20 However, according to the defense, the related case for purposes of the requested stay is actually:  Thomas-Lawson v. Carrington, 2:20-cv-07301, C.D. Cal, filed 12/16/19 Pursuant to CCP §128(a)(3), every court has the power to provide f...

Excerpt: ...ing on a narrow list of concerns. Counsel responded with substantive supplemental papers adequately addressing this Court's queries as follows:  Any related cases? No.  Allocation mechanism? Negotiated between counsel.  Cy pres interests? No.  Remove objection hurdle. Done.  Revise release scope. Done.  Notice to members in Spanish? Yes. Now that the procedural concerns have been resolved, it is time to consider the settlement i...

Excerpt: ...ain and submit accurate itemized wage statements. She further contends that defendants rounded hours down and failed to honor overtime requirements for shifts exceeding 10 hours. Plaintiff further contends that defendants' meal and rest policies and procedures failed to comply with California law because she (and others) were required to remain “on-call” during meals/breaks. Plaintiff filed this action on 11/20/15. Trial is currently set for ...

Excerpt: ...rprise or excusable neglect to support relief. This is measured by an objective, reasonably prudent person (or here, counsel) standard. (Department of Water & Power v. Superior Court (2000) 82 Cal.App.4th 1288, 1293.) Petitioner has the burden to show the relief is warranted. (Ebersol v. Cowan (1983) 35 Cal.3d 427, 430–432; Department of Water & Power, 82 Cal.App.4th at 1293.) In general, the court examines (1) the nature of the mistake or negl...

Excerpt: ...ngaged in limited email discourse regarding the scope of discovery sought by Sunshine. In short, Sunshine wanted documents that might prove the Receiver was biased and motivated by personal, improper reasons. On 08/21/20, Receiver filed the pending motion to quash, insisting that some of the document requests were overbroad and “not relevant.” Receiver did not object to being deposed, but apparently wanted to preserve contentions while still ...

Excerpt: ...hat the dispute had been settled. On 10/13/17, the parties executed a Settlement Agreement. The key terms were as follows:  Defendant to pay plaintiff a single lump sum of $50,000.00 “by January 15, 2018, or receipt of plaintiff's signature on this agreement, whichever is later;”  Defendant to execute a stipulated judgment in the amount of $94,600.00, to be filed only if settlement payment “is not made.”  Plaintiff “may not ass...

Excerpt: ...tual attorney fees for prevailing in this special proceeding. Both sides appear ready to concede that the underlying contract between the parties contains a type of attorney fee clause. There are three agreements at play: 1. Indemnity Agreement – which obligates defendant's LLC to “fully protect, defend and save [Fidelity] harmless from any and all loss, costs, damages, attorneys and solicitors fees” arising out of a mechanics lien issue. T...

Excerpt: ...rage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.) Lack of prejudice is also a relevant factor. (See Mann v. Cracchiolo (1985) 38 Cal.3d 18, 30; see also Orange County Superior Court Local Rule 352.) Objection re Prematurity of Starr/Hunt's Petition to Confirm: Similarly, the Petition to confirm the award is not fatally premature in its timing. The Heimlich decision did not speak to a trial court's lack of all ...

Excerpt: ...esentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related claims for reimbursement. Plaintiffs asked Premier Bank to pay them for their investigatory (albeit non-retained) efforts in the approximate amount of $170,000. Premier Bank ultimately paid plaintiffs $99,000 in exchange for a r...

Excerpt: ...de § 17701.05(b).) A limited liability company has a legal existence separate from its members. (Denevi v. LGCC (App. 6 Dist. 2004) 121 Cal.App.4th 1211, on subsequent appeal 2004 WL 2416546, unpublished, review denied.) Similarly, an LLC must maintain an agent for service of process. (Corp. Code § 17057(b).) As a legal entity (like a corporation), an LLC must appear in court through counsel. [U]nder a long-standing common law rule of procedure...

Excerpt: ...aintiff submitted a proposed application for renewed judgment on 05/28/20, seeking a new judgment amount of $ 1,022,564.00. Pursuant to CCP § 683.020, no money judgment can be enforced 10 years after the date of its entry unless an application for renewal has been made. Since the 10 year period arguably ran on 04/22/20, the application was late and the judgment lapsed on its face. Nevertheless, as is now common knowledge, this Court was deemed t...

Excerpt: ...hanged materially. The City is now in agreement with the new owner as to the next steps. There is no dispute for this Court to resolve regarding the property. Rather than interim fees, and who to pay, this Court sets an OSC re: discharge of the receiver, final accounting, closing of the receivership, dismissal of the pending petition, and an award of fees/costs. A case becomes moot when a court ruling can have no practical impact or cannot provid...

Excerpt: ...est on two primary bases: respondents are not parties to the contract containing the prevailing party attorney fee clause; and even if respondents could recoup fees, the amount sought is unreasonable. The Court finds that the petitioners are entitled to reasonable attorney fees but the amount thereof will be determined at the continued hearing. As a general rule, only signatories to a contract containing an attorneys' fees provision are entitled ...

Excerpt: ...ated with Premier Bank, but nevertheless felt that the sale was problematic. As it turns out, they may have been on to something since Premier Bank ultimately paid Valley Capital $675,000 in “damages” for accounting misrepresentations. This settlement led to a coverage dispute between Premier Bank and its E&O carrier, Progressive. Although the latter denied coverage, it eventually agreed to pay Premier $350,000 with a release of any related c...

Excerpt: ...on (2009CV899) was concluded by way of a default judgment in Fremerman's favor for the aggregate amount of $146,716.40. The default was not for want of any initial appearance, but rather as a terminating sanction for discovery abuses. Kim was represented by counsel in the Colorado action. On 04/04/11, Fremerman assigned all rights and interest in the judgment to Judicial Assertion Systems, Inc. On 04/15/11, Judicial Assertion Systems made applica...

Excerpt: ...as follows: 1. Defendants misappropriated AGA's trade secrets, and were unjustly enriched in the amount of $1,028,431.00; 2. Defendants negligently interfered with AGA's prospective economic advantage but caused no economic harm; 3. Johnson breached his duty of loyalty but caused no economic harm. Following motions for costs and fees, the matter was taken up on appeal to the DCA. Therein, a decision was rendered affirming most of what the trial c...

Excerpt: ...ict a deposition notice for Nguyen. The deposition was continued to 01/09/20. Neither Nguyen nor counsel appeared for the deposition. State Farm brought forth a number of discovery motions, which were heard by this Court on 12/06/19. In pertinent part, Nguyen was given 15 days to provide verifications, and 45 days to appear for deposition. State Farm was ordered to give notice and file proof thereof. On 12/09/19, State Farm filed a Notice of Ruli...

Excerpt: ...t Late Claim on September 30, 2019. Petition, Ex. 5 [Hamilton Decl.], at ¶3. As such, to be timely, Petitioner's cause of action must not have accrued prior to September 30, 2018. There is no dispute that more than half of the incidents complained of occurred after September 30, 2018. See Petition, Ex. 1, Attachment 1; Opp., at p. 7. Respondent presents no authority on the accrual date when there are a series of incidents of abuse and neglect th...

Excerpt: ...Court intends to issue its ruling. The Court's decision is based on the records of the case and the reasonable inferences to be drawn from the evidence. For the reasons stated below, third party Mr. Joshua Bates' claim is Denied. The third party claimant has the burden of proof at the hearing. (CCP § 720.360.) The community estate is generally liable for a debt incurred by either spouse before marriage. (Fam. Code § 910.) The separate property ...

Excerpt: ... and from the subsequent modifications agreed to by the parties. Defendant alleges Plaintiff is precluded from seeking that $71,000 on the basis of res judicata due to the terms of the Settlement Agreement (“Agreement”) the parties entered into in the present matter on or about 05/29/12. Motion, Ex. B. Defendant argues that Plaintiff's Second Amended Complaint (“SAC”) contains four brief references to “equalization payments” (SAC ¶¶...