Excerpt: ...plemental filing addressing defendant's new evidence. 1/19/24 Order (ROA 89). For the following reasons, defendant's motion is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific per formance 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 preponde...

Excerpt: ...o provide responses to plaintiff's special interrogatories and requests for production and to pay sanctions. Plaintiff's motion is denied for the following reasons. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Pro c. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the conduct being sanctioned and its effect on the party seeking discov...

Excerpt: ...ust file a pr oof of service with the court reflecting service of these orders on the LWDA. 2. Were any exclusions, objections or disputes received for the 31 remailed notices? 3. The settlement administrator states plaintiff's individual settlement share is $517.55. I s plaintiff anticipating any other compensation (not including any enhancement payment) from the settlement (such as for any individual claims)? 4. The settlement administrator s...

Excerpt: ...depends upon contract; a petition to compel 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 agr eement 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. Def...

Excerpt: ... is false and misleading. Complaint (ROA 2) ¶¶ 1, 16 -20. Plaintiff alleges his claims on his own behalf and that of a putative class comprised of “[a]ll persons in California who purchased the Product during the statutes of limitations for each cause of action all eged.” Id. ¶ 43. Plaintiff alleges five causes of action: (i) violation of the California Unfair Competition Law; (ii) violation of the California False Advertising Law; (iii) ...

Excerpt: ...Cane), and the “Litigation Files” (referring to files from and communications with Bremer Whyte Brown & O'Meara, LLP (BWBO), SMTD Law LLP, and Barry Kellman). GrowthPoint asserts, and Crate and Pickell do not dispute, that Crate and Pickell possess documents from these law firms and lawyers. Except as discussed below regarding Pickell's privilege log, GrowthPoint's motion is granted. In an August 10, 2023 order (ROA 1633), the court (Judge ...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... “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: ...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: ...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: ...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...

Excerpt: ...dismissal with prejudice on February 23, 2023 (ROA 19). For unknown reasons, the second amended complaint filed August 28, 2023 (ROA 57) includes Whang as a plaintiff. Second Amended Complaint (ROA 57) at 2:1, 5:1 - 3, 27:7. Whang filed a second request for dismissal with prejudice on October 4, 2023 (ROA 74) . Plaintiff confirms in her opposition what the court file reflects, i.e., that Whang dismissed his claims with prejudice and is no lo...

Excerpt: ...ot state the three declarations were served on the LWDA. Was the Orde r Granting Preliminary Approval (ROA 114) served on the LWDA? See ROA 125. Plaintiff must file a proof of service reflecting service of the declarations and the Order Granting Preliminary Approval on the LWDA. 2. How many class members are there? The Is las Declaration (ROA 128, ¶ 13) states there are 1,360 class members. The motion (ROA 127) states in one place there are 1,...

Excerpt: ...1. All demurrers to the first amended complaint based on Civil Procedure Code section 583.210 are overruled; 2. Lake's demurrer to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 is overruled; 3. Diamond PEO, BZ Resources, VL Best PEO aka VL PEO, and Skyhigh PEO's demurrers to Causes of Action Nos. 6 through 10 based on Labor Code section 2699.3 are sustained without leave to amend; 4. Lake's demurrer to the first amended ...

Excerpt: ...mount be added to the gross settlement amount? How will the class mem bers be advised of this potential change in the settlement amount? If defendants have not paid the late fees, when will they do so? 2. Paragraph 4(e) of the Second Amended Settlement Agreement (ROA 459, Ex. 1) states defendants may void the settlement i f the number of persons who submit requests for exclusion is equal to or in excess of 10% of the total number of persons to wh...

Excerpt: ...led in support of the motion (ROA 187, 194 and 197) do not reflect servi ce on the LWDA. Plaintiff must file a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. 2. The motion does not provide sufficient information for the court to evaluat e whether the consideration being received for the release of class members' claims is reasonable in light of the stre...

Excerpt: ...Plaintiff's counsel should submit a declaration i n support of the requested attorneys' fees and litigation costs that includes: a. A statement that the hourly rate for each attorney is the reasonable and usual hourly rate charged by that attorney for similar services; b. The total number of hours worked by each attorney on the case; and c. If fees are sought for paralegals, verification that each paralegal meets the requirements of Business & P...

Excerpt: ...009) 46 Cal.4th 969, 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 court has reviewed and considered the papers filed in support of plaintiff's motion for approval of ...

Excerpt: ...e documents, and how service was effected. 2. Were the moti on papers served on defendants? The only proof of service in the court file related to the motion papers is the proof of service attached to the Quezada Declaration (ROA 225), which states that only the Quezada Declaration was served on defendants. 3. Was the order granting preliminary approval (filed 6/16/23, ROA 212) served on the LWDA? Plaintiff must file a proof of service reflec...

Excerpt: ...rety. Brill Notice of Motion (ROA 47) at 1:25- 27; LNBYG Notice of Motion (ROA 9) at 2:6 -7. For the following reasons, Brill's and LNBYG's motions are granted. Factual background and allegations Stroj and Brill are both lawyers, although, as alleged in Stroj's complaint, Stroj was suspended from the practice of law for two years beginning in August 2021 “for illegal gambling that took place back in 2015.” Complaint (ROA 1) ¶ 23. Stroj alleg...

Excerpt: ...bing why the cy pres recipient (Legal Aid Foundation of Los Ang eles) is an appropriate recipient. The Supplemental Srourian Declaration (ROA 89) states: “Legal Aid Foundation of Los Angeles is an appropriate recipient because INSERT.” Supp. Srourian Decl. (ROA 89) ¶ 5. A declaration should be submitted describing why the cy pres recipient is an appropriate recipient. 2. The amendment to the settlement agreement (Supp. Srourian Decl. (ROA 89...

Excerpt: ...ix months of Þling. For the following reasons, defendants' motion is denied. Section 583.310 provides that “[a]n action shall be brought to trial within Þve years after the action is commenced against the defendant.” For certain cases, including this one, this period was extended for six months by COVID-19 pandemic emergency rules. Section 583.360(a) states that dismissal for failure to bring a case to trial within the required period is ma...

Excerpt: ...at 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. American Express does not contend Anca and American Express entered into a signed arbitration agreement. American Express ...

Excerpt: ...ictional discovery. 6 Motion to quash based on service of Eduardo Cosentino in British Columbia CG is a Spanish company headquartered in Spain. Vela Decl. (ROA 266) ¶ 4. Plainti
¯s personally served Eduardo Cosentino, CG's Executive Vice President for Global Sales, with the summons and complaint in Burnaby, British Columbia on September 13, 2023. Metzger Decl. (ROA 486) Ex. 4. CG contends personal service on its Executive Vice President for Glo...

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. Defendant carried its burden of proving the existence of a valid arbitration agreement by the preponde...

Excerpt: ...ims are dismissed without prejudice. The right to arbitration depends upon contract; a petition to compel 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 prov-ng by a preponderanc...

Excerpt: ...refers only to the "proposed settlement." Plaintiff must file with the court a proof of service identifying the specific documents served on the LWDA, when plaintiff served the documents, and how service was effected. As to the settlement: 2. The Jusuf Declaration (ROA 454, at 'l 2) states the settlement is with defendant Capital Logistics & Warehousing Group, Inc. The settlement agreement (Jusuf Decl. Ex. 1, at 1:2-3) states the settlement is wi...

Excerpt: ...10, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six months." Defendants' reliance on Ables v. A. Ghazale Bros. , Inc. (2022) 74 Cal.App.5th 823 is misplaced. In Ables, the plaintiff's personal injury action was set for trial five years and seven months after it was filed. The trial court granted the defendants' motion to dismiss...

Excerpt: ...ourt (and this department) entitled Porcayo v. So Cal Land Maintenance, Inc. and Stephen Holt Guise, OCSC case No. 2021-01236054. Civ. Præ code S 430.10(c). This is a plea in abatement: "A plea in abatement pursuant to section 430.10, subdivision (c), may be made by demurrer or answer when there is another action pending between the same parties on the same cause of action." Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787...

Excerpt: ...l confirmation from the LWDA that plaintiff submitted with the moving papers and supplemental papers (Bokhour Decl. (ROA 131) Ex. C; Supp. Bokhour Decl. (ROA 146) Ex. A) refer only to the "proposed settlement." In addition, the Bokhour Declaration (ROA 131) at paragraph 64 states plaintiff served the proposed settlement on the LWDA, but does refer to service of the moving papers on the LWDA in contrast to paragraph 5 of the Supplemental Bokhour D...

Excerpt: ...rt. In the absence of contrary court order, a civil litigant's right to discovery is broad. Williams v. Superior Court (2017) 3 Cal.5th 531, 551. MFor discovery purposes, information is relevant if it "might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement . " [Citation.] Admissibility is not the test and information unless privileged, is discoverable if it might reasonably lead to admissible evide...

Excerpt: ...le, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future violations, and maximize enforcement of state labor laws. See Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77. 3. Regarding the cy pres recipient (Legal Aid Foundation of Los Angeles), the parties and defendants' counsel should submit declarations stating that they do not have any interest in or relationship with the recipient. A declaration...

Excerpt: ...m certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 (internal quotes and citations omit...

Excerpt: ...re presumed to be open. Cal. R. Ct. 2.550(c). A record must not be filed under seal without a court order. Cal. R. Ct. 2.551 (a). The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. ld. A party requesting that a court record be filed under seal "must file a motion or an application for an order sealing the record." Cal. R. Ct. 2.551(b)(1). "The motion or application must be accomp...

Excerpt: ...d (Settlement Agreement '1 22 (Davis Decl. (ROA 90) Ex. 1)). In addition, the PAGA Period defined in the class notice (S 7) is not consistent with paragraph 22 of the settlement agreement. What is the end date of the PAGA Period? 2. The definition of "Released Class Claims" (Settlement Agreement '1 29 (Davis Decl. (ROA 90) Ex. 1)) should be limited to the claims asserted in the operative complaint or that reasonably could have been asserted in th...

Excerpt: ... or the MVP IUL Accelerator policies relating to product design, design and content of illustrations, design and content of MARKETING MATERIALS, disclosures of PDX POLICY or MVP IUL Accelerator policy charges and the PERFORMANCE FACTOR, the use and content of TRAINING MATERIALS, and analyses of future financial performance." under California's broad discovery laws, plaintiff is entitled to discovery of "any matter not privileged, that is relevant...

Excerpt: ... rule, or an order of the court. Cal. Civ. Proc. Code S 436. The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notce. Civ. Proc. Code S 437(a). Defendant contends the court should strike several portions of the first amended complaint in which plaintiff allegedly defines the class period as follows: "'[t]he term Class Period is defined as any t...

Excerpt: ...tion depends upon contract; a petition to compel 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. ld. ...

Excerpt: ...event the VA2 and VA4 air gaps are delisted. The court also inquired about the likelihood that the VA2 and/or VA4 air gaps will be delisted. 8/31/23 Order (Judge Wilson). Plaintiff states in his supplemental brief (ROA 115) that he will monitor the listed status of the VA2 and VA4 air gaps by checking the "appropriate website monthly," and will bring an appropriate moton "in the event of violation of the injunction." How long will plaintiff monit...

Excerpt: ...litigation costs (not to exceed); $7 for settlement administration costs (not to exceed); and $90ßW03 total PAGA penalties ($67,500.W to the LWDA). Plaintiff is ordered to submit a revised order within 5 court days that includes the following revisions: A. The title of the document on the caption page should include "and PAGA" before "settlement." 8. The preliminarily approved disbursements and not to exceed amounts should be set forth in the pr...

Excerpt: ...ambiguous since it is not limited to claims, etc. for civil penalties under PAGA." 8/3/23 Order (Judge Wilson). The parties revised some of the releases, but did not address this issue with res#ct to section D.I. of the settlement agreement. In its September 14, 2023 order, the court observed that the release in section 0.1. remained overly broad and ambiguous. 9/14/23 Order. The release in section D.l. remains overly broad and ambiguous as it is...

Excerpt: ...]ased on information from Defendants' counsel and Plaintiff's counsel, the dispute was rejected because pertained to tme the Class Member worked for a different employer." The Notice(s) of Dispute, including any accompanying documentation, should be filed with the court. See Order Granting Preliminary Approval of Class Action and PAGA Settlement Ex. 1 (Amended Settlement Agreement & Stipulation, 47) (5/12/23, ROA 115). In addition, counsel should...

Excerpt: ...ice of the motion for final approval on the LWDA. 2. Plaintiff's counsel must disclose whether counsel has any fee-splitting arrangement with any other counsel, including the exact percentages, or confirm none exists. Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172, 184; Cal. R. Ct. 3.759(b). As to the proposed order 3. The first paragraph should refer to the Addendum to the Joint Stipulation of Settlement and includ...

Excerpt: ....e„ a class action in the Central District of California. Civ. Proc. Code S 430.10(c); Notce of Motion at 2:8-10. This is a plea in abatement: "A plea in abatement pursuant to section 430.10, subdivision (c), may be made by demurrer or answer when there is another action pending between the same parties on the same cause of action." Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787. This special demurrer lies only where th...

Excerpt: ...certification that render proceeding as a class superior to the alternatives. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class." Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021 (internal quotes and citations omitte...

Excerpt: ...ed complaint alleges four causes of action against the Commenda entities: breach of fiduciary duty; aiding and abet-tng breach of fiduciary duty; negligence; and receiving stolen property pursuant to Penal Code section 496. Plaintiff's claims arise out of California transactions, including an Assignment for the Benefit of Creditors (ABC) and the creation of a California subsidiary (GPAR) to serve as the assignee for the ABC transaction. For the f...

Excerpt: ...acopian Decl. Ex. A) is not signed. 2. The First Amendment does not address whether the deadline for submitting workweek challenges for remailed Class Notices is 60 days from the date of remailing. The revisions in paragraph 56(c) of the First Amendment address opt-out requests, and paragraph 57(c) does not address the extension of the challenge period for remailed notices. The revised proposed order applies the extension to challenges. See Revis...

Excerpt: ...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 court has reviewed and considered the papers, including the supplemental papers, filed in support of plaintff's motion for approval of a...

Excerpt: ... that if escalator clause applies "the Gross Settlement Amount shall be increased proportionally by the Workweeks worked in excess of 11,550 workweeks multiplied by the per Workweek Value"). Also, citing section 3.2.4 of the settlement agreement, the Supplemental Gould Declaration states the escalator clause is not applicable and Workweek Value "is calculated based upon the agreed upon GSA amount." Supp. Gould Decl. (ROA 96) 3. Section 3.2.4 stat...

Excerpt: ...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 court has reviewed and considered the papers, including the supplemental papers, filed in support of plaintiff's motion for approval of a $50,000 PAGA se...

Excerpt: ...e revised Proposed Order (ROA 266) served on the LWDA? The proof of service (ROA 270) does not reflect service of those documents on the LWDA. As to the settlement: 2. The Supplemental McNicholl Declaration states the parties have filed a stipulation for plaintiff Diaz to file a third amended complaint that modifies the proposed class to match the settlement. Supp. McNicholl Decl. 8. No stipulation has been filed with the court. Accordingly, neit...

Excerpt: ...tructed the parties to include in the proposed order a determination of how the case would be resolved, i.e., by means of an order approving the settlement and entry of judgment, or by means of an order approving the settlement with a request for dismissal of the action to be filed later. The amendment to the settlement agreement (Pimentel Decl. Ex. 2 (Amendment No. 1 to Joint Stipulation of PAGA Settlement and Release)) requires both entry of ju...

Excerpt: ...ndment to any pleading ... ." The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428. Plaintiffs seek leave to file a first amended complaint to add a cause of action for "unlawful retaliation by landlord." Plaintiffs allege that after they "organized and/or participated in an association or organization to exercise their rights under the law...

Excerpt: ...g reasons, defendants' demurrer is sustained with leave to amend. 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 truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 13...

Excerpt: ...ition. For the following reasons, defendants' demurrer is 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 truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th...

Excerpt: ...affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complai...

Excerpt: ...of the former Redlands chapter of the Pateadores Soccer Club. Second Amended Complaint (SAC) ¶ 1. Defendant MVPI operates as the Pateadores Soccer Club, which consists of various geographical chapters. Id. ¶ 2. Defendant Brosnan is the Vice President of Operations and the Secretary of the Board of Directors of MVPI. Id. ¶ 3. Defendant Briggs has served as the Chief Executive Officer of MVPI, the Chief Financial Officer of MVPI, and Chairman of...

Excerpt: ...ntiff Patricia Kells as trustee of the Patricia Lynn Kells Living Trust. The court granted defendants' motion for summary judgment on March 9, 2023. See 3/9/23 Order & 3/27/23 Judgment. For the following reasons, defendants' motion is granted. A. Entitlement to Attorneys' Fees Plaintiff is the widow of Robert T. Kells, Jr. (Robert) a former member of defendant Blueridge Business Group. Robert initially owned 20% of Blueridge; Robert sold 5% of hi...

Excerpt: ...udgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. Plaintiff's third cause of action alleges violation of Civil Code section 1632 against defendants Ben Auto Haus, LLC and San Diego County Credit Union. Plaintiff alleges defendant Ben Auto ...

Excerpt: ...et One) on January 28, 2022. On April 29, 2022 defendant served responses. Plaintiff's counsel sent defense counsel a meet and confer letter on June 3, 2022. Goldsmith Decl. Ex. 3. Defense counsel replied to plaintiff's counsel's letter by letter on June 13, 2022. Id. Ex. 4. In the June 23, 2022 letter, defendant agreed to produce (i) additional responsive “TSBs” (Request No. 29); (ii) upon entry of a protective order, defendant's “Warranty...

Excerpt: ... 2019. Attorney Frank Sariol substituted out as plaintiff's counsel by means of a substitution of counsel filed on May 24, 2021. ROA 66. Plaintiff's motion does not seek an order declaring the lien asserted by Sariol Legal invalid. Attorney Steven R. Young became plaintiff's counsel of record by means of the same substitution of counsel. ROA 66. On July 20, 2021 plaintiff filed a Notice of Association Counsel stating plaintiff associated Jerisat ...

Excerpt: ...pel is granted in part and denied part. Defendant B E Products, Inc. moves for entry of a protective order governing “confidential information” produced in this case. The court exercised its discretion to consider plaintiffs' late-filed opposition. Defendant's motion for entry of a protective order is granted in part and denied in part. Requests Nos. 30, 39, 62 and 63 seek relevant information and/or are reasonably calculated to lead to the d...

Excerpt: ...or the reasons set forth in the court's April 6, 2023 order. See 4/6/23 Order. In sum, and as further detailed in the April 6, 2023 order, the court denied plaintiffs' application because plaintiffs' complaint does not allege sufficient facts to state causes of action against defendants, and because neither the complaint nor plaintiffs' application demonstrated why plaintiffs would be owed $97,530.85. Id. The court's order was “without prejudic...

Excerpt: ...ns, defendant's motion to quash is granted. Defendants' alternative motion to dismiss or stay the action for inconvenient forum is denied as moot. Plaintiff alleges he resided in Orange County, California “at all times relevant,” and defendants Julie Moss, Kelly Price, and Sarah Foss reside in McLennan County, Texas. Plaintiff alleges defendants violated California Penal Code sections 630 through 637.5 by surreptitiously recording “at least...

Excerpt: ...erformance 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. In a petition to compel arbitration, the trial court must first determine whether an “agreement to arbit...

Excerpt: ...ling 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 truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman ...

Excerpt: ...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 truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (...

Excerpt: ...he legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not...

Excerpt: ...k v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficie...

Excerpt: ... challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider f...

Excerpt: ...annot be established, or that the defendant has a complete defense to the cause of action. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plain...

Excerpt: ...ditionally under seal. Plaintiff has filed a motion to seal one page of deposition testimony attached to the Kim Declaration filed in support of Stansberry's motion. The motion to seal is scheduled for hearing on August 10, 2023. While the court has read the page plaintiff seeks to seal, the information in that page does not bear on the below ruling, and the court thus does not discuss the information in that page below. Plaintiff has not filed a...

Excerpt: ...John Leonard, Lee Selby, Virginia Terry, Don Trim and Marge Mitchell on its first cause of action for quiet title and its second cause of action for declaratory relief. For the following reasons, South District's motion is granted. A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause o...

Excerpt: ...es Plaintiff alleged it entered into signed retainer agreements with Saatchi and Edalat, respectively, for the provision of legal services, and that each defendant failed to pay amounts due. The court found plaintiff proved the existence of a contract with each defendant (TE 1, 20), proved plaintiff's performance under the contracts (i.e., plaintiff proved it provided legal services to each defendant in accordance with the contract), and proved e...

Excerpt: ...petition to compel 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. ld. In a petition to compel arbitr...

Excerpt: ...ion for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." Defendants contend that since the court denied defendants' first mo...

Excerpt: ...fendant and cross-complainant Union Pacific Railroad, and defendant and cross-defendant P&B Intermodal Services, LLC oppose. For the following reasons, XPO's motion is denied. California Civil Procedure Code S 877.6(a)(1) states that any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered int...

Excerpt: ...ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint...

Excerpt: ...demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not c...

Excerpt: ...dants move for an order abating or staying this action. For the following reasons, defendants' renewed motion is denied, as is defendants' alternative motion for an order abating or staying this action. Section 1008(b) provides: "A party who originally made an application for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it ...