Excerpt: ...oth the Class Action Settlement Agreement (Settlement Agreement) and the proposed orders omit the provision in the Notice of Pendency of Class Action Settlement and Hearing Date for Court Approval (Notice to Class) that everyone receiving money will be paid in four installments, after defendant makes each payment to the Administrator. The $45,000.00 estimated Administrator fee appears high for a class and settlement of this size. An explanation i...

Excerpt: ...l from the Judgment is consistent with the fact that plaintiffs should not be considered prevailing parties in this action. Defendant is ordered to give notice of the ruling unless notice is waived. ...

Excerpt: ...ffs' unopposed Motion to Compel Further Responses to Special Interrogatories, Set One, is granted. Defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. must serve full and complete responses, without objections, to Special Interrogatory Nos. 17, 21, 23, 25, 33-34 and 36-37 within 20 days. Defendant's requests for monetary sanctions are granted in the amount of $1,500 against defendants Hyder M. Mukadam and Mukadam Medical Center, Inc. and...

Excerpt: ...y motion to be heard after the discovery motion cutoff date, the party must first file a motion under CCP §2024.050 for leave to have the motion heard after the discovery motion cutoff date, and must meet and confer over that issue. However, plaintiff filed its motions on September 25, 2017, 25 days before the last day for motions to be heard based on the November 6, 2017 trial date, which was October 20, 2017. Nonetheless, court congestion caus...

Excerpt: ... the notice of settlement to the class). The court sees no reason to require Class Members to file claims. Unless counsel can explain to the court why such a provision should be required, it will have to be deleted. The release language in the notice to class (p. 3) covers claims “that were or could have been alleged under California law based on the factual allegations contained in the First Amended complaint”, but the settlement agreement (...

Excerpt: ...efusing a party leave to amend his pleadings so that he may properly present his case”. Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530. Plaintiff is not changing the nature of this case, and his new claims are based on the same nucleus of operative facts. All of plaintiff's proposed new causes of action appear to be based on the same overall transaction and course of events. The amendment would not result in any undue prejudice to de...

Excerpt: ...dant is entitled to judgment on the pleadings. However, based on the case of CashCall, Inc. v. Superior Court (2008) 159 Cal. App. 4th 273, 284, the court should allow plaintiff an opportunity to amend the complaint to add a new individual plaintiff. Defendant is ordered to give notice of the ruling. ...

Excerpt: ...ness Hearing, including detailed hourly breakdowns of plaintiff's attorneys to support a lodestar cross-check, detailed plaintiff's attorney cost breakdowns, an Administrator declaration and invoice, and plaintiff's declarations to support enhancement requests, must be filed no later than 16 calendar days before the Final Fairness Hearing date, to provide enough time for court review. Plaintiff is ordered to give notice to defense counsel unless ...

Excerpt: ...aid wage and Labor Code violation claims of other aggrieved employees are unsettled and are dismissed without prejudice. The court sets a Final Report Hearing for May 11, 2018 at 10:00 a.m. to confirm that distribution of the approved amounts is complete. Any supplemental papers to be filed in conjunction with the Final Report Hearing are due at least two weeks before the hearing date. Plaintiff is ordered to give notice of the ruling unless noti...

Excerpt: ...filed or heard. The parties should review the statute and be prepared to address whether that process would be beneficial, and/or whether a discovery referee should be appointed for this case. In any event, due to the court's unavailability the motions presently set for March 16, 2018 are continued to March 23, 2018 at 10:00 a.m. on the court's own motion, and the Status Conference presently set for March 23, 2018 at 1:30 p.m. is advanced to 10:0...

Excerpt: ...ned version of any revised papers (including the Notice of Settlement to the class). The moving papers variously reference an estimated class size of over 1,000 (p. 2 of settlement agreement), 1,560 (p. 1 of points and authorities) and 1,650 (Administrator's attached invoice). Which is it, and what is the most accurate class size estimate at this time? The settlement agreement suggests that the Administrator will resolve any workweek disputes. Th...

Excerpt: ...e amount it owes AWPA due to AWPA's judgment against KDF. However, KDF's cross- complaint which is going to trial is against Paul Harper, not AWPA. Although KDF named AWPA as a cross-defendant, the court sustained AWPA's demurrer to KDF's cross-complaint without leave to amend on December 10, 2014, and KDF did not appeal from the ensuing September 9, 2015 Judgment. Thus, AWPA is not responsible for any damages KDF may recover on its cross-complai...

Excerpt: ... favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case”. Morgan v. Superior Court (1959) 172 Cal. App. 2d 527, 530. Plaintiff is not changing the nature of this case, and his new claims are based on the same nucleus of operative facts. The amendment would not result in any undue prejudice to defendants, since the new alle...