Excerpt: ... arbitration. (Code Civ. Proc. § 1281.4.) Agreement to Arbitrate “The threshold question presented by every petition to compel arbitration is whether an agreement to arbitrate exists. The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence an agreement to arbitrate a dispute exists.” (Trinity v. Life Ins. Co. of N. Am. (2022) 78 Cal. App. 5th 1111, 1120, citations omitted; Code Civ. Proc. § 128...

Excerpt: ...nt is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. As to the Settlement 1. Since the parties believe they know the identity of every purchaser of at least one non- listed VA2 or VA4 air gap, why should this be a “claims made” settlement, rather than sending the $30 payment to every class member who does not opt out? 2. How will the injunction be enforced in the event the VA2 and VA4...

Excerpt: .... Proc. § 430.10(e).) The allegations in the complaint as a whole must be reviewed to determine whether a set of alleged facts constitutes a cause of action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, ...

Excerpt: ...all that is necessary is to call the court's attention to such papers”. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶ 9:53.1a.) Defendant's unopposed Supplemental Request for Judicial Notice (ROA 28) of Exhibit A is GRANTED. (Cal. Evid. Code § 452(h).) The Court declines to rule on the request as to Exhibit B as the document is immaterial to the Court's ruling. The noticed documents are not accepte...

Excerpt: ...nic bookmarks per the California Rules of Court. If required, an amendment to the settlement agreement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court resources. As to the Settlement 1. The settlement provides that after 180 days, uncashed checks will be transmitted to cy pres recipient “Public Counsel”. (Settlement ¶ 71.) However, part of the individual settlement payments is considered wages owed an...

Excerpt: ... and ruling is applicable to both Motions. For the reasons below, the Motions are GRANTED, with Plaintiffs individual PAGA claims ordered to arbitration and the non-individual PAGA claims stayed pending arbitration. The Court GRANTS Defendant's Requests for Judicial Notice (ROA 25 and 29) in connection with both Motions. Defendant has satisfied its initial burden of demonstrating that Plaintiffs entered into written arbitration agreements. (Rosen...

Excerpt: ...lectively, Defendants) seeks to compel Plaintiff Luz M. Orduna (Plaintiff) to arbitrate her individual PAGA claims and stay the non-individual PAGA claims pending completion of arbitration. For the reasons set forth below, the Motion is GRANTED. Objection. Plaintiff objects to the ROA 145, Supplemental Casem Declaration and the 2020 Employee Handbook attached as Exhibit A attached thereto. ROA 149. Plaintiff contends that the Supplemental Casem D...

Excerpt: ....4.) “There is a public policy in favor of arbitration under federal and state law.” (McManus v. CIBC World Markets Corp. (2003) 109 Cal. App. 4th 76, 85.) In fact, “[d]oubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration.” (United Transportation Union v. S. Cal. Rapid Transit Dist. (1992) 7 Cal. App. 4th 804, 808.) Accordingly, “[t]he court should or...

Excerpt: ...greement is directed, rather than “amended settlement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. Were the moving papers served on the LWDA? If so, the proof of service on the LWDA must be filed with the Court. 2. Have all PAGA Notice letters to the LWDA been provided to the Court? Was there a PAGA Notice letter sent to the LWDA on behalf of Plaintiff Blanton? 3. The Released Class Claims and the Rele...

Excerpt: ...ement is directed, rather than “amended settlement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. Were the moving papers served on the LWDA? If so, the proof of service on the LWDA must be filed with the Court. 2. The Settlement provides that the PAGA Notice letter will be amended to add claims for PAGA penalties under Labor Code 1194.2 and 204(b). Settlement, ¶V. What is the status of the amended PAGA ...

Excerpt: ...n amendment to the settlement agreement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. Further, the parties are reminded to properly bookmark their filings. As to the Settlement 1. Were all of the moving papers served on the LWDA? The proof of service on the LWDA does not list all moving papers. 2. What is the status of the dismissal of the Solis Action? 3. What is the status of the cr...

Excerpt: ...4, for the reasons below. Except in response to SI No. 17, Defendant is ordered to provide objection-free, verified responses to SI Nos. 18, 19, 23 and 24 within 10 days. To be clear, the responses should not attempt to reassert any objection that the Court already found to be without merit in its 2/16/2023 Minute Order or contain prefatory, boilerplate objections, including privilege, since no privileged information has been withheld. Defendant ...

Excerpt: ... of limited Court time and resources. The parties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine whether it is fa...

Excerpt: ...rinciples which are applicable in determining if a complaint states a cause of action.” (South Shore Land Co. v. Petersen (1964) 226 Cal. App. 2d 725, 732.) A determination of the sufficiency of an answer requires an examination of the complaint because the adequacy of the answer is with reference to the complaint it purports to answer. (Id. at 733.) Further, the same pleading of ultimate facts rather than legal conclusions is required in plead...

Excerpt: ...erance 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.4 th 951, 972; accord Green Tree Financial Corp.-Alabama v. Randolph (2000) 531 U.S. 79, 91-92.) “In California, ‘[g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.'�...

Excerpt: ...collectively referred to herein as "Intervenors." The Zirst Amended Complaint alleges that during the period of July 1, 2019, to September 30, 2020, plaintiff overpaid sales taxes in the amount of $10,797,689.31 on the sales of jet fuel to Southwest Airlines Co. The taxes at issue are pursuant to the BradleyEurns Uniform Local Sales and Use Tax Law, codified in Revenue and Taxaton Code section 7200, et seq. Plaintiff pays these taxes to the defen...

Excerpt: ...greement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. As to the Settlement 1. Were the Settlement and Motion served on the LWDA? Proofs of service of the Settlement and Motion should be filed with the Court. 2. The PAGA Notice letter(s) to the LWDA should be submitted to the Court. 3. Confirm that Defendants did not provide an earlier cut of date for the Release Period before the fil...

Excerpt: ...ited by order of the court in accordance with this title, 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 itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party ...

Excerpt: ...he non-individual PAGA claims, is stayed pending completion of arbitration. Objections. All of Plaintiff's objections (ROA 40) to the ROA 18, Ibarra Declaration are OVERRULED. All of Defendants' objections (ROA 47) to the ROA 42, Taylor Declaration are OVERRULED. There is a Valid Arbitration Agreement Between the Parties. The Court recognizes the parties have already been ordered to arbitrate Plaintiff's individual claims and her class action cla...

Excerpt: ...fact, “[d]oubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration.” (United Transportation Union v. S. Cal. Rapid Transit Dist. (1992) 7 Cal. App. 4th 804, 808.) Accordingly, “[t]he court should order the[] [parties] to arbitrate unless it is clear that the arbitration clause cannot be interpreted to cover the dispute.” (Id.) “[T]he party resisting arbit...

Excerpt: ...o avoid use of limited Court time and resources. The parties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine wheth...

Excerpt: ... to avoid use of limited Court time and resources. The parties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine whe...

Excerpt: ...California (Class Action). The Court GRANTS Defendant's Request for Judicial Notice (ROA 15) of the Class Action Complaint [Ex. A] and the Class Action docket [Ex. B]. The Court DENIES Plaintiff's Request for Judicial Notice [ROA 23] of the ruling in Allison Burch v. The GEO Group, Inc. dba GEO California, Inc., LASC Case No. 18STCV04489 as it is not relevant to the ruling on this matter. The Court DENIES Defendant's Supplemental Request for Judi...

Excerpt: ...he reasons which follow, the motion is DENIED. Defendant has the initial burden of demonstrating the existence of an arbitration agreement between the parties. (Rosenthal v. Great Wester Fin. Securities Corp. (1996) 14 Cal. 394, 413; Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4 th 951, 972.) Defendant presents evidence that in connection with his hiring on April 23, 2020, Plaintiff electronically signed a 3-page document entitled “...

Excerpt: ... the settlement agreement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. As to the Settlement 1. The end date for the Class Period and PAGA Period is the earlier of March 31, 2023 or Closing. Since the Class Notice and proposed Order use the March 31, 2023 date, it appear that Closing has not yet occurred. What is the status of Closing? If Closing has not yet occurred, is there an esti...