Excerpt: ...tober 24 , 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual clai ms asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Defendant has shown the existence of a signed arbitration agreement dated November ...

Excerpt: ...2024 at 9:0 0 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted b y plaintiff in his Tenth Cause of Action for Violation of California Business & Professions Code §§17200, et seq. and that no grounds exist to bar enforcement of the agreement. CCP...

Excerpt: ...des, “Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action.” The court need not concern itself with what the statute might imply, because the text is unambiguous. The right of intervention belongs to a city, and DWA is not a city. As the court noted in Busse v. United PanAm Financial Corp. (2014) 222 Cal. App. 4th 1028, 1038, “The classic ...

Excerpt: ...s will be sp lit between the two law firms representing plaintiff and the class, so that the court can approve separate attorneys' fees awards. The initial preliminary approval papers stated there was no fee splitting, without any supporting citation. The Class Notic e said that Class Counsel is Kingsley and Kingsley, but Abramson Labor Group is on the caption and plaintiff declares in ¶6 of his declaration that he consented to a fee -splitting...

Excerpt: ...erbroad word “REFER”. Defendants also must serve all d ocuments responsive to Request for Production Nos. 14, 19, 20- 22, 45, 50, 56, 58- 60, 70-72 and 75 within 20 days, except that Request Nos. 14, 19, 56 and 72 will be deemed to exclude the overbroad word “REFER”. Such documents should include the pay summaries, time records, commission reports and commission summaries for all putative class members. Defendants also must serve a veri�...

Excerpt: ...commission reports and commission summaries for all put ative class members, within 20 days. Plaintiffs served a request for production of documents seeking documents relevant to seeking class certification, including documents concerning the “salaries, wage levels, hourly rates, commissions, and/or bonuses of each and every COVERED EMPLOYEE” (Request for Production No. 72). Defendants provided unverified responses with various objections t...

Excerpt: ...r Competition Law. Defendant challenges the pleading on the ground that plaintiff has failed to allege a defect in materials or workmanship, as required under 13 C.C.R. §2037(b)(2). Plaintiff relies on 13 C.C.R. §2037(b)(1), which discusses design issues, but the extended warranty is found only in 13 C.C.R. §2037( b)(2) and requires a defect in materials or workmanship. Plaintiff's Second Amended Complaint adds legal arguments as to why the Em...

Excerpt: ...ave standing to bring this motion, let a lone adequate grounds for disqualification of plaintiff's counsel as class counsel in this action. Standing generally requires that the party be able to allege an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 1 86 Cal. App. 4th 1347, 1356. Generally, before the disqualification of an attorney is proper, the complaining party must have or have had an attorney -c...

Excerpt: ...fendant's motion to stay proceedings pending the outcome of the arbitration of plaintiff Piplack's individual PAGA claim. Defendant's Objections to the Robinson Declaration are sustained as to #6, and overruled as to #1 - 5 and 7- 11. Defendant's Objections to the Sherrod Declaration are sustained as to #1 -3, and o verruled as to #4. Defendant's Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466...

Excerpt: ...so should provide a red -lined version of any revised papers, inc luding 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 declarati on or brief that simply asserts the issues have been resolved. The moving papers do not include a copy of the letter that was se...

Excerpt: ...hours on this case. Objector Andrew Mapes' Objection to Settleme nt is overruled. Plaintiff has adequately explained the large increase in the number of class members, and has justified the gross settlement amount remaining unchanged. Objector argues that plaintiff failed to provide sufficient information for the cour t to evaluate the validity of the Pick Up Stix settlements in this case. Objector concedes there is no controlling authority perm...

Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to file a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to file a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...

Excerpt: ...ould provide a red -lined version of any revised papers, inc luding 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 declarati on or brief that simply asserts the issues have been resolved. Plaintiff has not filed her First Amended Complaint containing a PAGA...

Excerpt: ...aywood 1, LLC. Specifically, Judgment Creditor has shown the required elements that (1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no long er exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone...

Excerpt: ..., 24, 25, 29, 31 -34, 36, 39 and 43- 48. As to #13 and 14, the court's file does not include any Exhibit W or X, but just a notation that they were allegedly filed under seal. However, the court's file shows none of Goldman's moving papers being filed under seal. Plaintiffs' supplemental Objections (ROA 527) are overruled. Plaintiffs had the opportunity to respond to Goldman's new evidence submitted on reply. As a threshold matter, Goldman ha...

Excerpt: ...s to one which the court Þnds acceptable), in which case defendant must provide supplemental responses within 90 days only for employees who do not respond within 60 days that they do not want their information shared. The supplemental responses will be subject to a protective order whereby the information provided may be used only for purposes of this litigation. Plainti
¯'s Special Interrogatories #1 and 2 seek the contact information of puta...

Excerpt: ... ownership interest she received in Plaza 205, and (#28) the 25% ownership interest she received in the Harbor Gateway Project. Goldman asserts the tax return privilege, but that privilege does not apply here. Goldman concedes that courts will Þnd a waiver of the tax return privilege where the gravamen of the lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has bee...

Excerpt: ...should submit an amendment to the settlement agreement rather than any amended settlement agreement. 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 si...

Excerpt: ...rovement that proximately caused injury to private property. Paterno v. State of California (2003) 113 Cal. App. 4th 998, 1029. Here, plainti
¯s' allegations of the City's substantial participation are insu
¯icient as a matter of law. Plainti
¯s allege in ¶71.1 of the Second Amended Complaint, “Defendant City of Cypress never reviewed the proposed land use instituted by Defendant Cypress School District in July 2021, and further did not app...

Excerpt: ...tiff has shown that defendant failed to pay the $14,000 JAMS invoice, first sent on September 13, 2023, within 30 days of its due date. JAMS sent follow-up notices on September 14 and 27, and October 12, 2023. The email sent on September 14, 2023 said that the invoice was due on receipt. Defense counsel admits receiving the invoice and notices but admits not paying JAMS until October 26, 2023, one day after plaintiff served his letter saying he w...

Excerpt: ...e arbitration. Defendants' Request for Judicial Notice is denied as irrelevant. Zucchet v. Galardi (2014) 229 Cal. App. 4th 1466, 1474 n.5. The Case Management Conference set for today is ordered off calendar. A PostArbitration Review Hearing is set for July 25, 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes tha...

Excerpt: ...vide a red- lined version of any revised papers, including the proposed letter to the aggrieved employees. 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 proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved. The proposed relea...

Excerpt: ...th 1054, 1062. When determining whether California courts have specific jurisdiction over a nonresident defendant, the question of whether the defendant purposefully availed itself of the benefits of conducting activities in this state focuses on defendant's intent. In re Automobile Antitrust Cases I & II (2005) 135 Cal. App. 4th 100, 122. Nonetheless, a plaintiff may establish purposeful availment based on the effects of the defendant's out-of-s...

Excerpt: ...the deposition subpoena was not personally served on Burton. But since plaintiff provided proof of personal service in his opposition and Crawford did not refute that evidence in reply, Crawford's motion to quash is denied. Crawford also seeks a protective order requiring that any deposition of Burton take place only after expert witness designations based on the March 11, 2024 trial date. However, plaintiff contends that his deposition subpoena ...

Excerpt: ...ary 3, 2018 to the present. Defendant's original response consisted of objections, but its supplemental response, as set forth in plaintiff's Separate Statement, cited payroll summaries containing payroll and contact information for non-exempt employees who did not opt out through the Belaire-West notice process, and identified the documents as Bates Nos. 69-1709. Plaintiff's Separate Statement then went on for two pages about defendant's objecti...