Excerpt: ...Determination of Good Faith Settlement is granted, but only to the extent of CCP §877.6(c), such as to “bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault”. Alpha's evidentiary objections are overruled. The court concludes that the settlement between ...

Excerpt: ...mits. However, the Complaint already had been filed in 2018, before MedPro paid its policy limits, and plaintiff's allegations of various contract breaches in paragraph 29 of his Second Amended Complaint include several items that MedPro's motion does not address, precluding summary adjudication. One of those issues, whether MedPro should have tendered its $1 million policy limits sooner, is also a triable issue on plaintiff's bad faith claim, di...

Excerpt: ...sion of any revised papers, including the class notice. Inexplicably, and despite the need for such information in every motion for settlement approval, and despite the fact that plaintiff's law firm has presented this court with dozens of motions for settlement approval, plaintiff provides no information as to defendant's potential exposure for the violations alleged. Plaintiff must provide the court with information showing what potential outco...

Excerpt: ...apers. The moving papers do not include a copy of the PAGA letter that was alleged to have been sent to the LWDA on May 2, 2019. The court needs a copy of the letter to verify that the settlement terms are consistent with the notice provided to the LWDA. Plaintiff provides no information as to defendant's potential exposure for the violations alleged by the aggrieved employees or for plaintiff's individual claims. Plaintiff must provide and expla...

Excerpt: ...ides: “Color And/Or Design. The Division has historically taken the position, based upon notes of the Commission, that nurses can wear their white uniforms wherever they work, and the employer, consequently, need not pay for them. Other workers in occupations for which the particular white uniform is generally useable would fall into the same category.” But whether plaintiff's white pants are generally usable in the fast-food or other relevan...

Excerpt: ...438, 449, that the court has the discretion to consider reply evidence on a summary judgment motion as long as the opposing party has notice and an opportunity to respond to the new material, including the opportunity to ask the court for permission to submit responsive evidence or file a sur-reply. As to Issue No. 1, challenging plaintiff's First Cause of Action for Failure to Pay All Overtime and Double Time Wages, defendant has shown that its ...

Excerpt: ... are overruled as to #1-3 and sustained as to #4-6. As to plaintiff's 2nd cause of action for Fraudulent Concealment, defendants have shown that they had no actual knowledge of any of the five alleged false representations contained in ¶75 of the Third Amended Complaint. Plaintiff responds not with contrary relevant facts, but by noting that plaintiff's pleading also alleges constructive knowledge, that defendants should have known the concealed...

Excerpt: ...violations were committed against her, fails because plaintiff's showing on this issue, taking up less than one page in her points and authorities, is inadequately explained and woefully insufficient. Plaintiff vaguely mentions wage statements, but defendants' brief says plaintiff is relying on wage statements from December 2018, long after plaintiff's employment terminated. Defendants also have established triable issues of material fact on this...

Excerpt: ... settlement amount. The reduction from 1/3 to 30% is based on the fact that no additional money is being paid to the class members even though the number of class members has increased by about 30% since the time of preliminary approval and the number of class member workweeks has increased by about 12% since preliminary approval. In addition, the average net recovery by class members is only about $117 (reduced from the $150 estimate at the prel...

Excerpt: ...defendant Hojreh or his family members from coming into contact with the Doe Plaintiffs' family members. CCP §2025.420(b)(12) authorizes a protective order directing “that designated persons, other than the parties to the action and their officers and counsel, be excluded from attending the deposition”. By implication, parties and their counsel may not be excluded, no matter how adversely their presence might affect the deponent. Willoughby ...

Excerpt: ...fect during the pay period and the corresponding number of hours worked at each hourly rate by the employee”. In opposition, plaintiff has not presented any evidence that creates a triable issue of material fact. Plaintiff asserts that overtime payments are improperly listed as two separate line items on her pay stubs. Defendant provides pay stubs which include one line item for the base part of the overtime rate and another line item for the p...

Excerpt: ...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. Plaintiffs do not provide the court with the estimated high, low or average individual payments to the class members. Those estimates are needed to assist the court in properly determining the fairness of the proposed settlement to the class. The average pa...

Excerpt: ...ive Record are overruled. The citations to the Administrative Record contained in Respondent's and Real Party in Interest's Joint Opposition are consistent with the court's copy of the Administrative Record. In fact, Petitioner's copies of the Administrative Record attached as exhibits to its Objections match the court's copies of the Administrative Record. The City did not create an Environmental Impact Report because of its finding that the pro...

Excerpt: ...ed papers, including the class notice. Plaintiffs provide no information as to defendant's potential exposure for the violations alleged. Plaintiffs must provide the court with information showing what potential outcome putative class members and aggrieved employees are giving up in exchange for this settlement. The motion fails to provide the class members' and aggrieved employees' estimated individual recovery under the proposed settlement, inc...

Excerpt: ...C and cross-defendant Stone Interiors, Inc. in the amount of $7,500 was made in good faith within the meaning of CCP §877.6 because it satisfied the weight of the factors set forth in Tech- Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d 488, 499. Stone Interiors has sufficiently shown that the settlement was within the reasonable range of its proportional share of liability for plaintiff's alleged damages. The settlement is not so f...

Excerpt: ... settlement amount. The reduction from 1/3 to 30% is based on the fact that no additional money is being paid to the class members even though the number of class members has increased by about 30% since the time of preliminary approval and the number of class member workweeks has increased by about 12% since preliminary approval. In addition, the average net recovery by class members is only about $117 (reduced from the $150 estimate at the prel...

Excerpt: ... judgment, ruling or award in its favor, it argues that the chronology of events shows that its actions were the catalyst to the City rescinding the challenged Ordinances and ceasing operation of the campsite. However, Respondents have shown that neither the filing of this lawsuit nor the letter sent by the Coastal Commission at Petitioner's behest caused the City to rescind the Ordinances and cease the campsite operations. Rather, they were unde...

Excerpt: ...t, i.e., California's labor laws, a significant benefit has been conferred on a large class of persons, i.e., the Porterville employees, the necessity and financial burden of private enforcement are such as to make the award appropriate in this class action and PAGA lawsuit, and the fees should not in the interest of justice be paid out of the recovery in this court's opinion. Plaintiffs also are entitled to an award of reasonable attorneys' fees...

Excerpt: ...d papers, including the class notice. Although the motion provides the $1,853.93 estimated average payment to class members under the proposed settlement, it fails to provide the estimated high and low payments. Those estimates are needed to assist the court in properly determining the fairness of the proposed settlement to the class. If those figures are not available now, they must be provided in the motion for final approval. The allocation of...

Excerpt: ... days before the new hearing date. The Status Conference set for October 2, 2020 also is continued to October 30, 2020 at 10:00 a.m. To hopefully assist the parties in their meet and confer, the court is providing portions of the tentative ruling the court prepared for defendants' Demurrer to Plaintiffs' Complaint, which became moot when plaintiffs filed their First Amended Complaint. The court has not analyzed the merits of the new demurrer to t...

Excerpt: ... interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Defendant Tucker Advisory Group, Inc.'s Joinders to those motions (ROA #636 and 640) are also granted. Defendant American Equity Investment Life Insurance Company must submit...

Excerpt: ...not have to stop or show anything upon exiting, but even for those who do, it is not uncommon for an employee to exit the property without showing their bag, and they do not face discipline for failing to show their bag, (3) defendant does not require employees to locate a manager or security guard and wait for that person to become available because loss prevention officers are sitting at the desk ready to perform any check that may occur, (4) t...

Excerpt: ... Farm Mutual Automobile Insurance Company's Request for Judicial Notice is granted. Plaintiff's summary judgment motion requests a judgment that plaintiff owes no duty to defend or indemnify under the policy it issued because defendant Auto Network Group concealed critical information and made material misrepresentations in its insurance application, rendering the policy void ab initio, and entitling plaintiff to rescind the policy, and further t...

Excerpt: ...earing, 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 by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. The FAA applies because defendant is engaged in interstate commerce. Plaintiff concedes that he signed the arbitration agreement and does not argue unconscionability or any other defense...

Excerpt: ...r payment to the 35 additional class members using the formula set forth in Amendment No. 2 to the Stipulation for Settlement, which provides that MicroVention will deposit with CPT Group a sum equal to the total amount of the Individual Settlement Payments for all of the 35 additional employees, using the formula set forth in the Stipulation for Settlement, which shall be added to the Net Settlement Amount and distributed to class members who do...