Excerpt: ...l adds the missing sub-paragraph numbers). Counsel also should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiffs' 31 ...

Excerpt: ...hat Plaintiff was properly classified as an “outside salesman under the FLSA and under the California Labor Code, and was therefore exempt from the minimum wage and maximum hour requirements of the FLSA, from California's overtime, meal and rest period requirements and the derivative wage statement requirements. (“Outside Sales Exemption Affirmative Defenses”.) Defendant Consumer Portfolio Services, Inc.'s (“CPS”) Motion for Summary Adj...

Excerpt: ...and 7 5. Mark Rhyme – Demand 8 For each PMK Topic listed above, the following language shall be stricken: “Whether [entity and/or entity] was an alter ego of any defendant in the HCR and/or Devine Actions (and/or whether the entities' structure as a limited partnership should be disregarded in these actions including without limitation.” For each Demand listed above, the following language shall be stricken: “whether [entity] was an alter...

Excerpt: ... If a revised settlement and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. 15. Please clarify whether the FCRA/ICRAA Settlement Amount is $20,000 or $20,400. There are references to both numbers in the Settlement Agreement and Notice. This must be corrected throughout both documents. How was the amount determined to be a suitable allocat...

Excerpt: ...rado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs Rodney Reichelt, Carol Reichelt, Scott Blak...

Excerpt: ... LLC, Ferrado Properties Inc., Hotelcrafters LA LLC, Hotelcrafters Palo Alto LLC, Hotelcrafters Laguna LLC, Hotelcrafters Hollywood LLC, Hotelcrafters Lido LLC, Beverage- Crafters LLC (“Ferrado Defendants”) is granted. The Court finds that the Ferrado Defendants have presented sufficient evidence to support a finding that the Settlement entered into between the Ferrado Defendants, on one hand, and Plaintiffs William Watzman and Sandy Watzman,...

Excerpt: ...ding the arbitration of the individual claims, is granted. Pursuant to CCP §1048(a), “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the cour...

Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...

Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...

Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...

Excerpt: ...9 working days after the date on which the application or appeal is filed with the commission.” (Public Resources Code §30621(a)). Thereafter, per Public Resources Code §30622, “[t]he commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section 30621.” Per Public Resources Code §30625(a), “if no action is taken within the time limit specified in...

Excerpt: ...c facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1)). “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98). Once the moving party shows good cause to justify discovery of the requested materials, the burden...

Excerpt: ...ioner 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on t...

Excerpt: ...ment 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.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; see also Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92). Defendant has met its initial burden on the motion. Defendant's Director of Information Systems, Technical & Operatio...

Excerpt: ...of . . . ,” to enable the court to more easily identify the areas of the documents in which the changes have been made. Supplemental papers must be filed at least 9 court days prior to the hearing. 1. Counsel has provided no indication that the two Notices of Errata, Hashemi Declaration and, most importantly, the most recent version of the proposed Consent Judgment (Exh. D to ROA 54, Notice of Errata), which is the version for which the parties...

Excerpt: ...at “that ‘a cause of action for malicious prosecution accrues upon entry of judgment in the underlying action…” (Id. at 1356). Unlike the factual circumstances in Pasternack, it is undisputed that judgment was entered in the underlying action, in favor of Plaintiff herein, with respect to the claims which form the basis of this Complaint. (See Reply: 3:24-4:2 and 5:18-20 [ROA No. 1612]). Per the Complaint in this action, Plaintiff is alle...

Excerpt: ...he California Rules of Court. Defendants HSA, LP and AMC-CA, Inc.'s Motion to Strike is denied. Pursuant to CCP §436, the Court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Wit...

Excerpt: ...ctually a motion for reconsideration, this court found that “[t]he relief sought by way of this motion is an order reinstating attorney Marc Lazo as counsel of record after this court's order disqualifying him. The motion clearly involves reconsideration of the court's previous order disqualifying Mr. Lazo. It therefore falls within the ambit of Section 1008.” (ROA 2643 at 2). CCP §1008(g) specifically states that “[a]n order denying a mot...

Excerpt: ...n Government Code §65009(c)(1)(E) because all of the alleged wrongs arise out of the City Council's June 18, 2019 decision on the Planning Commission's interpretation of the effective date of the project approvals. “A defendant moving for summary judgment based on the affirmative defense of the statute of limitations carries its burden by presenting evidence establishing that the plaintiff's claim is time barred.” (Genisman v. Carley (2018) ...

Excerpt: ...0241MMDWGC. The court stays the following eight related actions subject to a stipulation from defendant First American Title that it will submit to jurisdiction in Nevada and waive any applicable statute of limitations (as more fully explained below): 1. Deutsche Bank National Trust Company As Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series Arsi 2006-M3 v. First American Title Insurance, Case No. 3...

Excerpt: ...Legal Standard Plaintiff must establish “by a preponderance of the evidence that the class action proceeding is superior to alternate means for a fair and efficient adjudication of the litigation.” Sav-On Drug Stores, Inc. v. Superior Ct. (2004) 34 Cal.4th 319, 332; see also Apple Inc. v. Superior Ct. (2018) 19 Cal.App.5th 1101, 1116. “The certification question is essentially a procedural one that does not ask whether an action is legally ...

Excerpt: ...o submit supplemental briefing regarding Plaintiff's amended request to permit Plaintiff's witnesses Ted Merrill and Daniel Martinez to testify regarding updated cost of repair estimates. Mr. Merrill was previously designated as Plaintiff's expert witness regarding the cost of repair. Mr. Martinez (an architect) is one of the witnesses Plaintiff seeks to add by way of this motion. In considering this second round of supplemental briefing, the cou...

Excerpt: ...h motions are now tentatively ruled upon as set forth below. Motion 1: Stewart Title's Motion for Determination of Good Faith Settlement (ROA 2518) The Motion for Determination of Good Faith Settlement bought by Stewart Title of California (“STCA”) is GRANTED insofar as it requests a finding of good faith determination. The motion is DENIED insofar as it seeks dismissal of Val-Chris Investments, Inc.'s cross-complaint. The court concludes tha...

Excerpt: ...t to C.C.P. §2034.410, “[o]n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list.” While the CDG Defendants concede Dr. Reynolds was designated by another party in this action (Motion: 9:27-28), the CDG Defendants nonetheless assert that C.C.P. §2034.310 is inapplicable because Dr. Reynolds was not deposed prior to the designating party being granted summary judgment. (Motion: 10...

Excerpt: ... the nonexistence of any triable issue of material fact . . . .” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” Id. at 851. A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the caus...

Excerpt: ...this ruling, Plaintiff may file an amended complaint that (1) adds Doug Hughes as a defendant to the current causes of action or to new causes of action against him only; and (2) remove Medolac or any other defendant from the amended complaint. (Code Civ. Proc., § 473, subd. (a)(1).) Code of Civil Procedure section 368.5 provides: “An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other...

Excerpt: ...ation regarding an entity that is no longer a party to this case (Adroit), and are served for the improper purpose of pressuring or embarrassing defendants by harassing Adroit's investors. CCP section 2017.010 provides that "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is its...

Excerpt: ...Hospital Dist. (1992) 2 Cal.4th 962, 966-67.) Defendant Wu demurs to all seven causes of action in the FAC on the grounds that there is no authority for a private right of action to impose liability on an individual employee or officer of a company for wage and hour violations or a PAGA claim. Defendants contend that, per Labor Code §558.1, only the Labor Commissioner can pursue such claims. Labor Code §558.1 states: “(a) Any employer or othe...

Excerpt: ... and Ms. Quintero's First Amended Short Form Complaint, shall hereinafter be referred to as the “Complaint”. Plaintiff has not filed an opposition to the motion. The unopposed motion for summary judgment is granted for the reasons set forth below. A "party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . .[.]" Aguilar v. Atlantic Richf...

Excerpt: ...the Court.” (ROA 55 at 2:3-5). The Riley action is Riley v. B. Braun Medical Inc. et al., Case No. 2019-01069273. This action and Riley are related and both are pending before the same department of this court. Riley which was filed in 2019 is the “earlier filed action”. Although Ferreira was filed in 2020 and is therefore the “later filed action”, Ferreira also alleges class action claims, and is accordingly more comprehensive than the...

Excerpt: ...he matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the court usually considers the following factors:  “Timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved, or whether discovery in one or more of the cases has proceeded wi...

Excerpt: ... Braun and the Court.” (ROA 55 at 2:3-5). The Riley action [a PAGA only action] is entitled Riley v. B. Braun Medical Inc. et al., Case No. 2019-01069273. This action and Riley are related and both are pending before the same department of this court. There is a pending motion to consolidate the two cases which is also on today's calendar. (See above matter no. 6). Riley is a PAGA-only action against Defendant and staffing company Manpower US, ...

Excerpt: ...otion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” In addition, Code of Civil Procedure §1008(a) states: “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, ...

Excerpt: ...ling; and (3) Violation of Bus & Prof Code §17200. Plaintiffs purport to assert these claims individually and on behalf of a proposed class. All three causes of action center around automobile insurance policy number MIL3864541 (the “Policy”), which Plaintiffs allege they purchased from Alliance on 3/2/19. (Compl. ¶22). Although Plaintiffs did not attach the policy to the complaint, Alliance requests that the court take judicial notice of i...

Excerpt: ...he PAGA claim and all proceedings in this court.” (ROA 53 at 1:6-9). The action before this court is a representative action for civil penalties pursuant to Labor Code § 2699, et seq., for violations of Labor Code §226(a). (ROA 2). The operative complaint specifies that Plaintiff “does not seek to recover anything other than penalties as permitted by California Labor Code §2699.” (ROA 2 at 2:10-11). Plaintiff initiated an arbitration on ...

Excerpt: ... by Respondents City, City Council and Design Review Committee of the San Juan Capistrano (“Respondents”) pursuant to the Costs Memorandum filed on 2/19/21 (ROA 433). For the following reasons, Petitioner's motion is DENIED. The prevailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032; Charton v. Harkey (2016) 247 Cal.App.4th 730, 737. The parties do not dispute that Respondents are the pr...

Excerpt: ...iling party or that Defendant is the prevailing party on the appeal from the original judgment. The motion is timely, as it was filed on 2/16/21, which is within 40 days of the 1/5/21 remittitur (ROA 450, ROA 437; CRC 8.278(c)(1); 3.1702(c)(1)). The court sua sponte takes judicial notice of ROA 450 and ROA 437. As to the amount awarded, a trial court has broad discretion to determine the amount of reasonable attorney's fees, as an experienced tri...

Excerpt: ...Inc. (1972) 7 Cal.3 rd 695, 706; See also Civil Code §8180). Per Civil Code §8412 and Civil Code §8180(a), the maximum period in which a mechanic's lien may be recorded is 150 days from the date of cessation of labor (i.e. 60 days after cessation is “completion” and then 90 days from completion). “Courts have looked at whether the work at issue was required under the claimant's contract in determining whether a work of improvement was co...

Excerpt: ...roval stage. Is there a difference between a “unique individual record” and a “class member”? Is the reduction due to the fact that some putative class members names were originally included more than once on the list of potential class members? At the preliminary approval stage, the court was informed there would be 332,985 Class Members. (Hodne Decl. ¶9). The court needs an explanation for this discrepancy. 2. Where the Administrator m...

Excerpt: ...ng Declaration and Defendant's Exhibit 8 [pg. 132], at §1(b)). (Emphasis added.) The question then is whether the claim in the underlying action for damages arising out of the death of Ms. Jeaneen Bell was caused by the acts or omissions of Plaintiff Turner's subcontractor, Day Star, so as to permit coverage of Turner under the Endorsement. “An insurer's duty to defend is determined in the first instance by comparing the allegations of the com...

Excerpt: ... matters raised in the surreply are not alleged in the Fifth Amended Complaint (5AC) and also were not raised in the Oppositions to any of the three Motions for Summary Judgment before the court. A “trial court has broad discretion . . . to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission. Mackey v. Bd. Of Trustees of California State Univ., 31 Cal.App.5th 640, 657...

Excerpt: ...heories” upon which those allegations are based. The allegations at issue are pled at (1) page 4, line 28 through page 5, line 13, and (2) page 6, line 2 of the FAC. The notice requirement is found in Labor Code § 2699.3(a)(1) and reads: “The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this c...

Excerpt: ...d judgment which did not match the definition in the Settlement Agreement. The court suggests that moving parties consult the “Guidelines for Approval of PAGA and Class Actions” published on this court's Tentative Rulings Site. Doing so may assist in the preparation of declarations and proposed orders more consistent with this court's expectations. The documents presented for the upcoming February 26, 2021 hearing are still inconsistent regar...

Excerpt: ...d a private person lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) 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 resolution is fa...

Excerpt: ... assaulted proves it was as the result of a cover up. In Los Angeles City Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal. App. 4th 261, the court held that there are distinctions between punitive damages and civil penalties, and that a $25,000 penalty under the Unruh Act does more than just punish; it is designed to ensure that the plaintiff will receive at least a minimum amount of compensation. 123 Cal. App. 4th 275-76. ...

Excerpt: ...ch the project was carried out.” (Id. at 723). “A project's completion also moots requests to set aside or rescind resolutions authorizing the project.” (Id.). “It also moots an action seeking to require preparation of an EIR for a particular project.” (Id., citing Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4 th 1559, 1575-1576). Here, similar to Parkford, petitioner challenges approval of a building project with...

Excerpt: ...te of limitation applies to claims for nuisance. (C.C.P. §338(b)). The statute of limitations begins to run once the cause of action has “accrued”. Traditionally at common law, ‘a cause of action accrues ‘when [it] is complete with all of its elements' – those elements being wrongdoing, harm, and causation.” (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4 th 1185, 1191). “This is the ‘last element' accrual rule: ordinari...

Excerpt: ...D.D.S. challenges the first, second, seventh and eighth causes of action, on the basis defendant's care was within the applicable standard and did not cause plaintiff injury. (Motion: 6:20-23). In support of this motion, defendant relies on the declaration of Gregory Olson, D.D.S., who declares: “Based upon my education, training, and experience as a licensed and practicing dentist (and educator of dentists and dental students), it is my expert...

Excerpt: ...ake, inadvertence, surprise, or excusable neglect.” “The test of whether neglect was excusable is whether ‘a reasonably prudent person under the same or similar circumstances' might have made the same error.” (Luri v. Greenwald (2003) 107 Cal.App.4 th 1119, 1128). The above provision applies to relieve parties “from the effect of a delay in taking procedural steps which do not involve pleadings” and specifically has been applied “wh...

Excerpt: ...ion for Summary Judgment/Adjudication The motion for summary judgment brought by defendant Culligan International Company is granted. “California law permits third party beneficiaries to enforce the terms of a contract made for their benefit.” (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4 th 1004, 1021; See also Civil Code §1559). “The test for determining whether a contract was made for the benefit of a third per...

Excerpt: ...rformed by YOU for SWEEGEN; 2. All DOCUMENTS or COMMUNICATIONS between YOU and any of THE CHENS and/or WENTHE and/or Mike Healy related to any work performed by YOU for any DEFENDANT; 3. All DOCUMENTS or COMMUNICATIONS between YOU and SWEEGEN related to the scope of any work YOU performed for SWEEGEN; 4. All DOCUMENTS received from SWEEGEN in order to conduct any work, review, or audit of SWEEGEN; 5. All requests by YOU for information or DOCUMEN...

Excerpt: ...ad not belatedly found the paper courtesy copy, it would not have known about the supplemental brief prior to the hearing. Because the court was not aware a supplemental opposition had been filed until the day before the hearing, the court may not be able to post a tentative ruling in this motion and indeed, it may need to continue the hearing of this motion. Motion to Augment Expert Witness List This Motion to Augment is brought by Plaintiff Ale...

Excerpt: ... no changes to the underlying factual allegations,” within the amended pleading. (¶5 of De Castro Declaration). The Motion is granted, as Plaintiff maintains the right to dismiss his individual claims pursuant to C.C.P. §581(b)(1) and C.C.P. §581(c), given that trial has not commenced, either within this action or within any pending arbitration. The evidence indicates Plaintiff declined to proceed with arbitration and, instead, has opted to ...

Excerpt: ...oduction, brought by Plaintiff Mostafa Gad against Defendants St. George Auto Sales, Inc. and St. George Auto Center, Inc. are GRANTED, with the limitation that the Court orders a production of a 25% sampling of the records sought by Requests Nos. 3 and 5. This order is without prejudice to Plaintiff returning to Court, should the sample prove insufficient. Additionally, consistent with Plaintiff's proposal, Defendant is ordered to redact the rec...

Excerpt: ...egards them as there was no demurrer to that claim. Defendants shall file a responsive pleading within 10 days. Class Allegations: It is “settled” that courts may weed out legally meritless class action suits prior to certification by demurrer. (Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 440.) A demurrer to class action allegations may be sustained without leave only if court concludes as matter of law that, assuming truth of factual al...

Excerpt: ...ng the complaint, plaintiff not only must have been genuinely ignorant of defendant's identity, but also ignorant of the facts giving rise to the cause of action against that defendant. (San Diego Navy Broadway Complex Coalition v. California Coastal Commission (2019) 40 Cal.App.5th 563, 579.) A motion to quash service on a purported “Doe” defendant may be brought where the terms of CCP § 474 have not been met. (See Fireman's Fund Ins. Co. v...

Excerpt: ... lodged in connection with that discovery motion. CRC rule 2.550 regarding sealed records does not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings. Ford makes this application out of an abundance of caution. Ford argues that its CO Requirement, the rationale for developing the requirement, the testing Ford has conducted to set the CO standard, and any other discussion of the actual requir...

Excerpt: ...ay permit amendments at any stage in the proceedings, up to and including trial, so long there is no prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) That it would make defending the case more difficult or expensive to defend is not sufficient. (Landis v. Superior Court (1965) 232 Cal.App.2d 548, 557.) Defendants have not described any prejudice of the type courts typically consider in denying leave to amen...

Excerpt: ...rst Set of Special Interrogatories is granted as to #1 and #17, but only for the time period from December 16, 2017 to April 27, 2018, and is otherwise deemed withdrawn based on an apparently successful meet and confer. The other four discovery motions set for today are deemed withdrawn in full based on an apparently successful meet and confer. Both sides' Requests for Judicial Notice are granted. Plaintiff Evangelista is entitled to equitable to...

Excerpt: ...1) Failure to Reimburse for Necessary Work Expenditures (Cal. Labor Code Section 2802); (2) Unfair Competition under Business & Professions Code Section 17200; and (3) Violation of Cal. Labor Code §§ 2699 et seq. Defendant seeks an order compelling some or all of plaintiff's claims to arbitration and staying whatever remains. Plaintiff does not dispute agreeing to arbitration, so the first issue to be addressed is what the court can decide unde...

Excerpt: ...fy the “aggrieved” employees. In Khan, the plaintiff's LWDA notice “expressly applied only to him” and “suggested only an individual violation”. Khan, 19 Cal.App.5th 804 at 809. Here, plaintiff's notice was not so limited. The cover letter sent to the LWDA (attached as Exhibit A to plaintiff's First Amended Complaint) specifies that counsel represents plaintiff “and other aggrieved employees” and states that defendant failed to pa...

Excerpt: ... 7-11); 8:7-8 and 9-10; 9:28 and 10:5-6 and 15-16  The following page and line references from the Anwandter Declaration filed in opposition to the motion to enforce (ROA 154): 2:8-20; 3:24-28; Exhibit A at i:12- 14, 2:11-14 and 21-28, 3:1-3, 5:11-23, 8:15-27, 14:16-17 and 20-26, pp.15-18, 19:13-28, 20:1-3, 22:15-17; Exhibit B at i:12-14, 2:12-14 and 22-28, 3:1-4, 5:14- 24, 8:23-28, 9:1-7, 14:23-28, pp.15-19, 20:1-5 and 18-23, 21:1-10, 24:3-5;...

Excerpt: ...lable penalties. Attorneys' fees and costs, class representative enhancements, settlement administration costs (excluding employer's share of withholding taxes) shall be paid out of the GSA to calculate the Net Settlement Amount (NSA) to be distributed to the class.” The MOU stated that plaintiff would file an amended complaint including a PAGA claim. Under the terms of the MOU, “in addition to the GSA”, plaintiff was to receive a specified...

Excerpt: ...  the allocation of settlement proceeds among plaintiffs  recognition that the settlor should pay less in settlement than he would if he were found liable at trial  the financial conditions and insurance policy limits of settling defendants  the existence of collusion, fraud or tortious conduct aimed to injure the interests of non-settling defendants.  These factors are not exhaustive and may not apply in every case. Dole Food Comp...

Excerpt: ... Worksite Employee Notice & Acknowledgements” and will be referred to as “Section 3” in this order. Because it is entitled “Section 3”, the court presumes it is part of a larger document including at least Sections 1 and 2. The larger document was not provided for the court's review. Further, there is no supporting declaration authenticating Section 3. Shelton does not, however, deny that his signature appears on the document. According...

Excerpt: ...stayed, pending arbitration. C.C.P. §1281.4. The uncontested evidence demonstrates the existence of an implied-in-fact agreement to arbitrate all “claims, disputes, or controversies” relating to Plaintiff's employment. This agreement is enforceable by either Defendant Resource or Defendant Houdini as a “customer/client” of Resource. Brown Declaration Exhibit A and Perez Declaration, ¶3. Defendants offer uncontested testimony which prove...

Excerpt: ...hibits 1-10. Responses were due on May 4, 2018. As of December 7, 2018 (the date the motions were filed), the Summers had not provided responses or asked for additional time. Defendant filed a motion to compel responses and to have the requests deemed admitted. On January 18, 2019, the court issued a minute order granting the requested relief. However, after the order was issued, defendant learned that the Summers had not been properly served wit...

Excerpt: ...s ruling on this motion will apply to the Fifth Amended Complaint. Defendant Residential Fire Systems (“RFS”) identifies itself as a “privately-owned small business that installs fire sprinkler systems for residential community developments and custom homes throughout Southern California.” Motion at 2:7-8. Plaintiffs were/are employees of RFS and brought this action alleging several wage and hour violations on behalf of a class of RFS emp...

Excerpt: ...es from respondents in the amount of $126,600. This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon the judgment granting a writ of mandate].) However, that stay does not divest the court of jurisdiction to consider these motions for fees. Robertson v. Rodriguez (1995)...

Excerpt: ...eek fees in the following amounts: Baldwin Park ($45,875); Rancho Palos Verde ($17,763.50); Signal Hill ($14,968); Carson ($8,122.50); and West Covina, Lakewood, Santa Fe Springs and Clarement (total of $363,180). This matter is currently on appeal. The notices of appeal automatically stayed proceedings on the judgment. Hayworth v. City of Oakland (1982) 129 Cal.App.3d 723, 727 (perfecting of an appeal stays proceedings in the trial court upon th...

Excerpt: ...n the alternative, summary adjudication of the 1st-4th c/a against Plaintiffs William and Louise Debnam on the ground that in connection with a separate case relating to the servicing of the loan which forms the basis of the claims in this action, Los Angeles Superior Court Case No. YC072073, the Debnams waived all claims against Defendant. Exhibit 9 submitted in support of the motion establishes that on 11/8/17, William and Louise Debnam entered...

Excerpt: ...nctions pursuant to CCP § 128.7. This petition arises out of a Coastal Development Permit (“CDP”) relating to a development in Laguna Beach. The CDP has already been the subject of various challenges and litigation by Petitioner, including two prior petitions in Orange County Superior Court. Amended Petition, ¶¶ 15-30. The underlying CDP was approved, with conditions, on August 9, 2017. Amended Petition, ¶¶ 2, 10-23, 29 and 36. The condi...

Excerpt: ...ed the phrase “INCIDENT”. The form interrogatories direct the propounding party to provide a definition of “INCIDENT”. Plaintiff may have done so when propounding the interrogatories, but the definition is not included in the separate statement in violation of Rule 31.345(c)(5) (the separate statement must include, “[i]f necessary, the text of all definitions, instructions, and other matters required to understand each discovery request...

Excerpt: ... not oppose the motion, it is granted as to Avila and judgment will be entered in CRH's behalf on Avila's complaint. CRH's request for judicial notice of Exhibit E to McDermed declaration re recommended standards of hygiene in dental clinics, is denied as irrelevant to the court's determination of the motion. At the outset, the court notes that CRH's motion does not address any claim of the CDG defendants' cross-complaint. Indeed, the Notice of M...

Excerpt: ... court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” A matter is “embraced” or “affected” within the meaning of § 916 when: (1) it seeks to enforce, vacate or modify the appealed judgment or order, (2) it would substantially interfere with the appellate court's ability to conduct the appeal, (3) possible outcomes of the appeal and the actual or possible results of the proceeding ar...

Excerpt: ...Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696. Any doubts in applying California Code of Civil Procedure section 473 “must be resolved in favor of the party seeking relief from default.” Id. The same principles apply to a motion brought pursuant to CCP 2033.300 seeking the withdrawal of matters deemed admitted. New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420-1421. In explaining their conduct here, both with...

Excerpt: ... was on the second page. Plaintiff's failure to read the entire contract is not a defense. “[I]t is well established that a party who signs a document is presumed to have read it and to understand its contents.” Baker v. Italian Maple Holding (2019) 13 Cal.App.5th 1152, 1163, n. 6. See also 24 Hour Fitness, Inc. v. Superior Court (1998) 66 Cal. App. 4th 1199, 1215 (“Reasonable diligence requires the reading of a contract before signing it. ...

Excerpt: ...ial court efficiency and avoid the substantial danger of inconsistent adjudications. Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978- 979. “There are two types of consolidation: a complete consolidation resulting in a single action, and a consolidation of separate actions for trial. Under the former procedure, which may be utilized where the parties are identical and the causes could have been joined, the pleadings...

Excerpt: ...381 (“When a government agency is authorized to bring an action on behalf of an individual or in the public interest, and a private person lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). As the California ...

Excerpt: ...tion on behalf of an individual or in the public interest, and a private person lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). As the California Supreme Court explained: “PAGA settlements are subject to t...

Excerpt: ...fornia State Auto. Ass'n. Inter-Insurance Bureau v. City of Palo Alto (2006) 138 Cal.App.4th 474, 479 (“CSAA”), a case cited by Defendant in support of its demurrer, “damage caused by the public improvement as deliberately conceived, altered, or maintained may be recovered.” (Emphasis added.) In an opinion issued on August 15 of this year, the California Supreme Court reiterated that inverse condemnation claims may be based on damage caus...

Excerpt: ...action on behalf of an individual or in the public interest, and a private person lacks an independent legal right to bring the action, a person who is not a party but who is represented by the agency is bound by the judgment as though the person were a party.”) Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). As the California Supreme Court explained: “PAGA settlements are subject to...

Excerpt: ... subject of the action, and tending to render the judgment ineffectual.” CCP § 526(a)(3). “[A]s a general matter, the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive relief.” White v. Davis (2003) 30 Cal.4th 528, 554,...

Excerpt: ...ed Complaint adding a PAGA claim (Labor Code § 2699). On May 9, 2017, Plaintiff requested dismissal of both her class and individual claims, without prejudice. Both requests were granted and Plaintiff was left with her PAGA claim only. Defendant now moves for summary judgment, asserting that because she dismissed her individual claims, Plaintiff is without standing to pursue the PAGA claims. The motion raises a single, legal issue: If a plaintif...

Excerpt: ...ones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267. The burden falls on the party seeking to tax the costs to show that they were improper, unreasonable or unnecessary. 612 South LLC v. Laconic Ltd. Partnership (2010) 184 Cal.App.4th 1270, 1285. Here, Petitioner challenges the amount of Item 1 (filing and motion fees) and Item 9 (court-ordered transcripts). Filing and motion fees. Filing and motion fees are generally allowable costs. CCP 1033.5(a...

Excerpt: ...plaint is read as a whole: material facts properly pleaded are assumed true; contentions, deductions or conclusions of fact/law are not. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Not every fact which ultimately supports a cause of action needs to be pled, and trial courts are obligated to accept as true even the most improbable factual averments without regard to the pleader's ability to actually prove those facts. See C.A. v. William S. Hart Un...

Excerpt: ...gatories (set one) as to Donald Grammer and Richard McGrath 5. Plaintiff Baer's Motion to Compel Production (set one) as to Richard McGrath and Donald Grammer 6. Plaintiff Baer's Motion to Compel Response to Request for Admissions (set one) as to Richard McGrath, Dennis Hartmann and Donald Grammer 7. Status Conference 1. The Demurrer Defendants Hartmann, Grammer, McGrath, Banyan LP, Orange Blossoms LP and Pear Tree LP (“the Grammer parties”) ...

Excerpt: ...Aguilar, 25 Cal.4th at 851. A defendant moving for summary judgment may prevail on the motion in one of three ways: (1) by affirmatively negating at least one of plaintiff's essential elements; (2) by showing that plaintiff does not have, and cannot get despite adequate discovery efforts, evidence to establish an essential element; or (3) by presenting evidence as to each element of an affirmative defense upon which defendant bears the burden of ...

Excerpt: ... Defendant filed its answer. The answer included a general denial, refuting the alleged violations. It also included several affirmative defenses, including a defense that Plaintiff lacked standing to bring the claims. The same day, Defendant served Plaintiff with a Demand for Arbitration with JAMS filed, not by NGC but by its subsidiary, Northrup Grumman Systems Corporation (NGSC). (Warbus Dec., ¶ 2). The arbitration demand sought “declarator...

Excerpt: ....App.4th 1047, 1060. An electronic signature may be authenticated “in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.” CC § 1633.9. An electronic signature or agreement may be established by evidence that the signature and agreement could only be given by one using a unique login ID and password and establishing ...

Excerpt: ...ployee Guide and acknowledged and agreed to by Plaintiff. Plaintiff opposes the motion, asserting: (i) she entered into a subsequent agreement; (ii) the agreement is the result of fraud, duress and economic compulsion; and (iii) the agreement is both procedurally and substantively unconscionable. In addition, Plaintiff argues that Pegatron cannot enforce that agreement because it is not a signatory to the agreement and is not bound thereby, so th...

Excerpt: ...rt must apply a balancing test and weigh the actual or potential abuse of the class action procedure against the potential benefits that might be gained by allowing the discovery. Id; Parris v. Superior Court (2003) 109 Cal.App.4th 285, 300-301. See also CVS Pharmacy, Inc v. Superior Court (2015) 241 Cal.App.4th 300, 313. The facts before the Court establish that granting these discovery motions would create a significant potential for abuse of t...

Excerpt: ...nd other claims. About two years into the case, Jones Day substituted in to represent both PenBen and DeVone (the “PenBen parties”). The PenBen Litigation was tried in August and September 2015. The jury reached a verdict: (1) against PenBen on all their claims; and (2) in favor of the individual defendants on their defamation claim against DeVone. The individuals were each awarded $1 in nominal damages and $200,000 collectively in punitive d...

Excerpt: ...delayed in providing full and complete responses to discovery propounded by Clauss in May 2017. The record demonstrates that while Plaintiffs delayed in responding to the discovery, the issue appears to have been resolved. Second, Plaintiffs failed to respond to discovery propounded by Weiland-Davco in 2017. In February 2018, motions to compel that discovery were granted and sanctions of $2,520 were ordered. Third, Plaintiffs failed to file a tim...

Excerpt: ...he entire period. Plaintiffs accepted the offers and continued working. Defendant learned thereafter that Plaintiffs lacked proper documentation to work in the U.S. and, on May 7, 2018, terminated Plaintiffs' employment. Defendant paid Plaintiffs through the date of termination but did not pay wages through the scheduled termination dates and did not pay the promised severance. Plaintiffs sued for various wage and hour violations as well as breac...

Excerpt: ...e pursuing this PAGA action. If that occurs, Defendant can take whatever action it deems appropriate. However, it is only a theoretical possibility and is not an issue which is ripe for adjudication at this point. Defendant's other argument is that Plaintiff seeks wages under § 558 which must be arbitrated under Esparza v. KS Industries, LP (2017) 13 Cal.App.5th 1228, review denied (Nov. 15, 2017). Esparza is not the only opinion regarding arbit...

Excerpt: ...endant as of the date of the offer. Pursuant to those offers, Plaintiff now seeks attorneys' fees in the amount of $93,791 and costs of $5,341.99. This is Plaintiff's second attempt. Her first motion was denied, without prejudice, because it did not specify which defendant she sought fees from and in what amount. Defendants argue that this second attempt is also defective because Plaintiff seeks an award of fees “jointly and severally “ again...

Excerpt: ...Retail North America, Inc. (9th Cir. 2015) 803 F.3d 425, 429 (holding that Iskanian governs PAGA claims even when the agreement is controlled by the FAA); Mandviwala v. Five Star Quality Care, Inc. (9th Cir. 2018) 723 F. App'x 415, 417-418 (same); and Whitworth v. SolarCity Corp. (N.D.Cal. Aug. 21, 2018) 2018 WL 3995937 (same). Defendant also argues that Plaintiff's PAGA claim must be compelled to arbitration because Plaintiff seeks, in part, unp...

Excerpt: ... owed to the aggrieved employees will be paid to the participating class members. PAGA claims are subject to a one- year statute of limitations while the class wage and hour claims are subject to a four-year statute of limitations. This means there may be class members who cannot be “aggrieved employees” as they were not employed within the proper time frame. Such employees are not entitled to payment of the LWDA penalties as the statute requ...

Excerpt: ... Plaintiff filed this class action seeking to recover for alleged labor code violations on behalf of individuals employed by Defendant as “Job Coaches.” Over time, Plaintiff filed a First and Second Amended Complaint. Each time, Plaintiff sought to recover on behalf of individuals employed as “Job Coaches.” On March 12, 2019, Plaintiff filed a Third Amended Complaint. In this complaint, Plaintiff sought to recover for the same alleged vio...