Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...

Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...

Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...

Excerpt: ... granting petitioner's writ of administrative mandamus. Judgment (ROA 600). The judgment states petitioner shall recover its costs against the California Department of Insurance as to the petition for writ of administrative mandamus in accordance with Government Cod e section 11523 and Civil Procedure Code sections 1094.5(a) and 1095 in an amount to be determined. Id. Petitioner filed its costs memorandum on September 25, 2023 (ROA 607) seeking ...

Excerpt: ...d without prejudice. As discussed further below, the May 2, 2024 hearing on defendants' motion to compel arbitration is continued to August 29, 2024. Defendants have moved to compel arbitration of this coordinated proceeding. Plaintiffs oppose, including based on plaintiffs' contention that the transportation worker exemption in section 1 of the Federal Arbitration Act (FAA) applies and exempts this case from arbitration. Defendants' motion to co...

Excerpt: ...lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacramento Sun creek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide affidavit...

Excerpt: ...ns for lack of specific jurisdiction, the plaintiff has the initial burden of demonstrating, by a preponderance of the evidence, facts justifying the exercise of jurisdiction. Ziller Electronics Lab GmbH v. Superior Ct. (1988) 206 Cal.App.3d 1222, 1232 -33; Sacrament o Suncreek Apts., LLC v. Cambridge Advantaged Props. II, L.P. (2010) 187 Cal.App.4th 1, 9. The plaintiff must do more than allege jurisdictional facts; the plaintiff must provide af...

Excerpt: ...tion to co mpel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Defendant has carried its burden...

Excerpt: ...ovision in paragraph 1.37 is overbroad. Amended Nordrehaug Decl. (ROA 217) Ex. 1 (Class Action and PAGA Settlement Agreement, ¶ 1.37). 10 11 The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint, i.e., the second amended complaint filed February 7, 2024 (ROA 239). 3. The Released PAGA Claims provision in paragraph 1.38 is overbroad....

Excerpt: ...ent: 27 1. D efendant's Notice of Non-opposition (ROA 300, at 5:17) states “over 400” class members opted out. How many class members opted out? The settlement administrator should submit a declaration stating the number of notices sent, the number of opt outs, and the number of class members. 2. How will individual PAGA payments be calculated? In addition, what is the estimated high, low and average PAGA payment? 3. What is plaintiff's expec...

Excerpt: ...iminary Appr oval (ROA 255) served on the LWDA? Plaintiff must file a proof of service with the court reflecting service of the August 26, 2020 order on the LWDA. 2. Has defendant paid all sums owed under the settlement? See Hernandez Decl. (ROA 265) ¶ 15. If not, w hen will defendant pay the outstanding sums owed? 3. Was the escalator clause triggered? 4. The settlement administrator should state whether any disputes were received. 5. The set...

Excerpt: ...lation of Class and PAGA Action Settlement, ¶ 4(A)). The release must be fairly tailored to the claims that were or reasonably could have been asserted in the lawsuit based on the facts alleged in the operative complaint. E.g., the word “reasonably” should be i nserted before “could have been pled”; “[t]he Complaints” should be replaced with “[t]he Second Amended Complaint”; and the phrase “(including the contemplated Second Am...

Excerpt: ...ion. For the followi ng reasons, defendants' motion is granted in part and denied in part. The sixth cause of action (failure to provide accurate wage statements) and the seventh cause of action (failure to reimburse for expenses) in plaintiff's complaint are ordered to arbitr ation. The remaining claims are stayed pending completion of the arbitration. Civ. Proc. Code § 1281.4. Defendants' motion to strike the class allegations is denied. The a...

Excerpt: ...Inc., M S Int ernational, Inc., Lotte Chemical California, Inc., and NGY Group (Orange County) Inc. demur to the fourth cause of action for fraudulent concealment. For the following reasons, the demurrers are overruled. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the...

Excerpt: ...ed in subdivision (b), actions brought under the provisions of thi s chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and maters to which special precedence may be given by law. “(b) Any action brought under the provisio ns of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take su...

Excerpt: ..., 986. PAGA settlements are subject to trial court review “to determine whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cour t has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $600,000 PAGA set...

Excerpt: ...6 Cal.4th 969, 986. PAGA settlements are subject to trial court review “to determin e whether [they are] fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77. The cou rt has reviewed and considered the papers filed in support of plaintiff's motion for approval of a $45...

Excerpt: ...n their opposition, cross -defendants have withdrawn the following aff irmative defenses: 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)). Becerra's demurrer to affirmative defenses 14, 25, 26, 27, 28, 29, 30, 55 and 56 (i.e., 55(2)) is thus overruled as moot. For the following reasons, Becerra's demurrer to affirmativ e defenses 2, 5, 6, 8, 9, 11, 12, 15, 16, 17, 21, 22, 24, 32, 33, 34, 35, 36, 37, 41, 42, 44, 46, 47, 48 and 50 is sustained ...

Excerpt: ... “What are the last four digits of your Social Security number?” Ob jections: “Irrelevant and not discoverable, and instruct Ms. Mora not to answer.” Ruling: Motion to compel denied. See discussion below. 2. Mora Depo. at 15:14 -18: Question No. 2: “Do you understand that you actually sued my client because they would no t use the last four digits of your Social Security number?” Objections: “Argumentative; harassing witness. I inst...

Excerpt: ...c performance of that contract. Little v. Pullman (2013 ) 219 Cal.App.4th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. Plaintiff argues defendant has not carried its burden of proving the existence of a valid arbitration ...

Excerpt: ...f of service (ROA 138) does not reflect service of these documents on the LWDA. Plaintiff must file a proof of service reflecting service of the Order Granting Preliminary Approval and the motion for final approval and its supporting documents on the LWDA. 18 19 2. Has the deadline for exclusions, objections and disputes for the 22 remailed notices elapsed? If so, were any exclusions, objections or disputes received for the remailed notices? ...

Excerpt: ...e Code section 583.310, (ii) continuing the trial date from July 1 5, 2024 to January 15, 2025, and (iii) continuing all trial -related deadlines to track the new trial date. Plaintiffs oppose. For the following reasons, defendants' motion is denied. 11 Section 583.310 provides that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” For certain cases, including this one, this period...

Excerpt: ...ion: intentional interference with prospective economic relations, intentional interferenc e with contractual relations, and negligent interference with prospective economic advantage. For the following reasons, defendants' demurrers are sustained with leave to amend. allege facts demonstrating or excusing compliance with the claim presentation requirement. Otherwise, [their] complaint is In ruling on a demurrer, a court must accept as true all a...

Excerpt: ...er 31, 2023 were untimely. Motion (ROA 49) at 4:25 -28. Plain tiff served defendant with the Special Interrogatories and Requests for Production by email on September 27, 2023. Suh Decl. (ROA 39) Ex. A; Suh Decl. (ROA 45) Ex. A. Defendant's responses were due October 31, 2023, i.e., 30 calendar days, plus 2 court d ays for electronic service. Civ. Proc. Code §§ 1010.6(a)(3)(B), 2030.260(a), 2031.260(a). Defendant's responses were timely. Plaint...

Excerpt: ...ction (Set One), and Requests for Admissions (Set One). The court exercises its discretion to consider defendant's late -filed oppositions. For the following reasons, plaintiffs' motions are granted. Defendant asserts it has “never refused to provide the supplemental responses and will provide verified supplemental re sponses to the at issue discovery requests prior to the hearing on the Motions.” Gonzales Decl. (ROA 237) ¶ 10. Defense cou...