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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...