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