Excerpt: ... in entertaining a sua spontereference to a discovery referee include whether there are “multiple issues to be resolved,” “multiple motions to be heard simultaneously,” previous and/or subsequent discovery motions and “time- consuming” documents to be reviewed. “Where one or more of the above factors unduly impacts the court's time and/or limited resources, the court is clearly within its discretion to make an appropriate reference....

Excerpt: ...(“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). There is little direct...

Excerpt: ...n Department CX101 so that Plaintiff may address the issues identified below. It is not necessary for Plaintiff to resubmit briefing which has already been filed with the Court. Supplemental declarations or other supplemental materials shall be filed on or before June 15, 2018. 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 ...

Excerpt: ...d Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. Any revised proposed order should be submitted in two formats. One copy should be filed in Word version, and another copy in .pdf with attachments, including the class notice and related forms to be provided to the class Issues: 1. The Stipulation attached as part of Exhibit A to the Declaration of Kevin Lip...

Excerpt: ...6 Cal.App.4th 1047, 1060 (the party seeking to compel arbitration “may meet [its] initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.”) Plaintiff does not dispute the fact that she signed the agreement and does not make any claim of fraud, duress or unconscionability. Thus, the arbitration agreement is enforceable. The agreement includes a delega...

Excerpt: ...ge is the moving party. The motion also fails to comply with the requirements of CCP § 403 and CRC, Rule 3.500. Both § 403 and Rule 3.500 require that a motion for coordination be supported by a declaration stating certain facts. The motion before the Court is not supported by any declaration. Further, § 403 requires that the motion be served on each court in which an action is pending. The proof of service which accompanies the motion does no...

Excerpt: ... for Breach of Insurance Contract Defendant argues that Plaintiff's breach of contract claim fails because Plaintiff has “failed to plead the essential terms of a binding agreement providing coverage for disputes sued upon.” To establish a cause of action for breach of contract, a plaintiff must plead and prove: (1) a contract, (2) the plaintiff's performance or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damages ...

Excerpt: ...ovide a supporting declaration which specifies: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. The original declaration filed in support of the motion fails to satisfy the second, third or fourth requirement. The declaration centers on Christi Torres' September 2014 tra...

Excerpt: ... a “claims made” settlement? 2. Since this is a “claims made” settlement, why are the proposed class members required to request exclusion or be bound by the release (Joint Stipulation, ¶¶ 18, 21 and 26)? 3. There does not appear to be a provision for the payment of employer-side taxes. How will those be paid? 4. The proposed release language and terms (see Joint Stipulation, ¶¶ 24, 53 and 71- 73) appear to negatively impact the fairn...

Excerpt: ... 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). There is little direction in either the statute or the cases as to the court's responsibility in connection with the required approval. However, § 2699(e)(2), auth...

Excerpt: ...ment and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. Issues/Questions to Be Addressed 1. The parties must identify any pending actions of which they are aware that potentially overlap with the claims in this action or which might be impacted by the release included in the Joint Stipulation. If neither party is aware of any such action,...

Excerpt: ...predominate, resolution in a class context will be more efficient.” (Third sentence of the first full paragraph of page 3 of the order; emphasis added.) Plaintiff also argues that Defendant is required to make a heightened showing before proceeding with depositions of absent class members. Pursuant to CRC, Rule 3.768, Defendant was entitled to notice the depositions without a court order. Because Plaintiff responded with a motion for protective...

Excerpt: ...k v. Children's Hosp. L.A., 237 Cal. App. 4th 1454, 1469 (2015); Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (2007) (hereinafter “Murphy”). Except as specifically granted, Defendant's motion is denied. Although the wage and hour claims may be governed by a three-year statute of limitations, the UCL claim is governed by a four-year statute of limitations. The logical result of granting Defendant's motion would be to require requ...

Excerpt: ... Contents or a Table of Authorities in violation of the statutory requirements. 2. The notice of motion states that Plaintiff is moving for “Approval of the proposed Class Notice.” However, no proposed Class Notice was submitted to the Court in connection with the motion. 3. The agreement is unclear on the nature of the settlement as it requires both submission of a claim for payment and submission of an exclusion to be excluded from payment....

Excerpt: ...d an appropriate amount as required by statute; (iii) there is an overriding need for prejudgment possession; (iv) Plaintiff will suffer a substantial hardship if the application for possession is denied or limited; and (v) the hardship that the Plaintiff will suffer if possession is denied or limited outweighs any hardship on the occupants that would be caused by the granting of the order of possession. MOTION TO STRIKE Plaintiff's Motion to Str...

Excerpt: ...endant to drill along the side of plaintiff's #3 tooth broke loose and lodged in the portal between the maxilla and sinus cavity. Bijal immediately packed the area and referred plaintiff to an expert who could safely retrieve the broken bur head. The bur was removed the following day. Plaintiff alleges that as a result of the botched extraction, and subsequent remedial procedure, she suffers ongoing physical symptoms. On 01/05/18, this Court gran...

Excerpt: ...a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. No appearance is necessary today. Issues/Questions to Be Addressed 1. The parties must identify any pending actions of which they are aware that potentially overlap with the claims in this action or which might be impacted by the release included in the Joint Stipulation. If neither party is aware of any such action, they should pr...

Excerpt: ...od regulations, which require payment of a premium wage for each improper meal., give rise to claims under sections 203 and 225 of the California Labor Code where the employer does not include the premium wage in the employee's pay or pay statements during the course of the violations?”. Stewart v. San Luis Ambulance, Inc., California Supreme Court No. S246255; C.D. No. 2:13-cv-09458-BRO-SS. This question, therefore, has yet to be settled and m...

Excerpt: ... fails for the following reasons. First, the evidence offered by Plaintiff in support of its motion is not “new.” Plaintiff first raised the issue of the escrow agents' alleged knowledge in 2015 (when it made allegations regarding the same in a related action). It has had evidence regarding Lazo's lack of authority to sell the property since at least 2013 (the evidence comes from a 2013 email in Plaintiff's possession). Second, Plaintiff does...

Excerpt: ... Notice is submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. Issues raised by the Stipulation and/or Plaintiff's Memorandum of Points and Authorities 1. The memorandum of points and authorities states that Plaintiff Miranda filed a similar case against Genex, Case No. 3:17-cv-01438 (USDC, N.Cal.) The parties do not, however, provide any further information regarding the...

Excerpt: ...ving papers at 6:12-14. The parties cite Cal. Labor Code § 2699 in support of that proposition. Cal. Labor Code § 2699 does not include that language but reads, in pertinent part: “The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” Cal. Labor Code § 2699(l)(2). The language r...

Excerpt: ...101. The Court's Research Attorney, will be available to assist the parties in their meet and confer efforts at that time. The Case Management Conference is also continued to March 8, 2018 at 1:30p.m. The Court recognizes that Defendants (the moving parties) have attempted to meet and confer but is concerned by Plaintiffs' lack of responses to those efforts. The Court notes that on 2/23/18, it addressed motions to compel responses from Plaintiffs...

Excerpt: .... As set forth in CCP § 387(d)(1)(B), a nonparty shall be allowed to intervene (mandatory intervention) if he/she/it “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Th...

Excerpt: ...l conferral of benefit or relief from burden when measured against the benchmark condition." Folsom v. Butte County (1982) 32 Cal.3d 668, 685- 686. Here, Plaintiff's lawsuit did not enforce any right as a practical matter. The appeal to the California Coastal Commission was the method and means of enforcing his rights. That very appeal was the reason why Defendants' demurrer was sustained without leave. Thus, Plaintiff was not the “successful�...

Excerpt: ... disgruntled class defendant to seek a do-over of its previously unsuccessful opposition to certification. Modifications of an original class ruling, including decertifications, typically occur in response to a significant change in circumstances, and [i]n the absence of materially changed or clarified circumstances ... courts should not condone a series of rearguments on the class issues[.]” Williams v. Superior Court (2013) 221 Cal.App.4th 13...