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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...roc. § 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, app...

Excerpt: ... to be filed on behalf of both Lila Stahl and Stephen Whang. However, the Request for Dismissal, with prejudice, filed by Stephen Whang as to his portion of the complaint was entered on February 23, 2023, and he is accordingly no longer a party in this action. All references to Plaintiff hereafter are to plaintiff Lila Stahl. ROA 50, CTC's Request for Judicial Notice for the Notice of Default and Election to Sell Under Deed of Trust recorded on F...

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...

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: ...oup, LLC's Proposal to the ROA 160, Unredacted Chumley Declaration. The California Supreme Court recognizes a “First Amendment right of access to civil litigation documents filed in court as a basis for adjudication.” (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208, fn. 25; see Cal. R. Ct., Rule 2.550(c) [“Unless confidentiality is required by law, court records are presumed to be open.”].) Although that rig...

Excerpt: ...emorandum of Understanding signed after mediation in the matter of Holly Grzywacz v. Growthpoint Global, Inc. (LASC Case No. BC637104) on or about March 12, 2018 (ROA 144 Ex. 14); 2. Email chain including Mr. Clark's attorney, John Kendrick at Dunn DeSantis Walt & Kendrick, LLP, seeking reimbursement from GrowthPoint for the services he rendered to Preston Clark as his counsel in matters including the Grzywacz case (ROA 144 Ex. 15);; 3. Email Pic...

Excerpt: ...sh has been filed. Personal jurisdiction requires a basis for jurisdiction founded on the defendant's minimum contacts with the forum. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1229; Bank of America v. Jennett (1999) 77 Cal.App.4th 104, 115.) On a motion challenging the assertion of personal jurisdiction, the plaintiff has the burden of proof. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; Burdick v. Supe...

Excerpt: ...very requests, (2) the timeliness of Plaintiff's motions to compel, (3) Plaintiff's alleged failure to meet and confer prior to filing the motions, and (4) Plaintiff's failure to submit a supporting separate statement. Because the Court finds Plaintiff prevails regarding the un-timeliness of Defendant's responses, Plaintiff also prevails on the other issues. The parties agree or otherwise do not dispute the following pertinent dates: Requests for...

Excerpt: ...y served in accordance with Cal. R. Ct. Rule 3.1346. However, there is no dispute that Defendants personally served all documents on ACCEL until its custodian of records, Conor Boughey, advised that ACCEL had counsel, that Defendants advised that they would only communicate with ACCEL's counsel going forward, that the Motion was served on ACCEL's counsel, and that ACCEL timely and substantively opposed the Motion and has suffered no prejudice. RO...

Excerpt: ...eement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. As to the Settlement 1. The reference in paragraph 3.1 to “Paragraph 9” should presumably be a reference to paragraph 7? 2. With regard to the escalator provision in paragraph 7, did the parties consider and place a value on the pro rata increase for each additional class member or agree to a method to determine the amount of th...

Excerpt: ...ement agreement', 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, �...

Excerpt: ...nt to constitute a cause of action. (Code Civ. 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 sh...

Excerpt: ...ation “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP §§ 2016.040, 2033.290 (b)(1), 2030.300, 2031.310.) “The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work ...

Excerpt: ...intiff has now served responses and has agreed to supplement those responses. This Order is without prejudice to Defendant's right to file a motion to compel further responses, should the supplemental responses be inadequate. Regarding the monetary sanctions requested, Plaintiff makes two main arguments. First, Plaintiff asserts the motion fails to identify against whom the sanctions are sought, citing CCP § 2023.040. However, as the Notice stat...

Excerpt: ...ings may be brought at any time. (Stoops v. Abbassi (2002) 100 Cal. App. 4th 644, 650.) A motion for judgment on the pleadings may be made, and granted, on the same grounds as a general demurrer. (Stoops v. Abbassi (2002) 100 Cal. App. 4th 644, 650; see also, Smiley v. Citibank (South Dakota) N.A. (1995) 11 Cal.4th 138, 145, fn. 2 Code Civ. Proc. § 438(c)(1)(B)(ii).) As with a demurrer, the grounds for judgment on the pleadings must appear on th...

Excerpt: ... the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) Facts which are not specifically alleged but which may be reasonably inferred or implied from the matters alleged may be considered. (Parada v. City of Colton (1994) 24 Cal. App. 4th 356, 362.) “[D]emurrers for uncertainty are disfavored, and are granted only if the pleading is so in...

Excerpt: ...imiss/Joinder Defendant Rivian Automotive, Inc. (Rivian) seeks to dismiss Plaintiffs' Complaint pursuant to CCP § 410.30(a) and 418.10(a). Defendants Goldman Sachs & Co. LLC, JP Morgan Securities LLC and Morgan Stanley LLC (collectively, Underwriter Defendants) join in the Motion. For the reasons which follow, the motion is GRANTED. Request for Judicial Notice. Rivian's unopposed Request for Judicial Notice (ROA 24 and 36) of the (1) Amended and...

Excerpt: ... ROA 38, Opp., p. 1. Plaintiff does not challenge Defendant's contention that she agreed to the Arbitration Agreement. Additionally, Plaintiff does not dispute that Defendant can enforce the Arbitration Agreement. ROA 28, Etteldorf Decl., ¶¶1, 8. Therefore, Defendant has met its burden of demonstrating an arbitration agreement exists between the parties. Plaintiff argues that the Arbitration Agreement is unenforceable and invalid based on uncon...

Excerpt: ...Action). Plaintiff Vince Burklund does not oppose this Motion. Defendant demonstrates that the earlier-filed Class Action involves the same parties, and that the alleged facts and violations in the Class Action are the same as the alleged facts and underlying Labor Code violations in this matter. See ROA 23, PAGA Action Second Amended Complaint; ROA 39, Healy Decl., ¶¶2-3 and Ex. A, Class Action Second Amended Complaint. Plaintiff has propounde...

Excerpt: ...Blake v. Exel, Inc. d/b/a DHL Supply Chain, Case No. RG21101295 currently pending in the Superior Court of California for the County of Alameda. For the reasons which follow, the motion to compel Plaintiff to arbitrate his individual claims is GRANED, and the action is stayed pending arbitration. There is no dispute Plaintiff signed the two-page document entitled “Dispute Resolution and Mutual Agreement to Binding Arbitration” (the Arbitratio...

Excerpt: ...urity numbers of Plaintiff and other employees on the wage statements the Defendant furnished Plaintiff and those other employees.  Issue No. 2: Defendant has no defense on the issue of liability as to the Sixth Cause of Action because Defendant Diamond showed the full nine digits of the social security numbers of Plaintiff and other employees on the wage statements the Defendant furnished Plaintiff and those other employees.  Issue No. 3: ...

Excerpt: ...on SI Nos. 39, 58 and 59. ROA 1281, Sampson Decl., ¶7; ROA 1283, Lewis Decl., ¶3. Plaintiff has withdrawn SI Nos. 137-140. ROA 1281, Sampson Decl., ¶7. Plaintiff's Separate Statement does not include SI No. 38. Since SI No. 38 is not in the Separate Statement as required based on Rule 3.1345 of the California Rules of Court, the Court considers SI No. 38 to have been withdrawn. Therefore, the only interrogatories currently at issue are Nos. 41...

Excerpt: ...ement by a preponderance of the evidence. (Rosenthal v. Great Wester Fin. Securities Corp. (1996) 14 cal. 394, 413; Engalla v. Permanente Medical Group, Inc. (1997) 15 cal.4th 951, 972.) Defendants present evidence that Kato Landscape, Inc. is in the landscape business, and its employees are all members of Labor Local Union 625 (union) and subject to the Southern California Master Labor Agreement between Southern California General Contractors an...

Excerpt: ...nt 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 2. 3. 4. 5. 6. 7. 8. Was this Motion served on the LWDA? The proof of service of the moving papers on the LWDA should be filed with the Court. What is the size of the Class? How much is the estimated average individual class settlement payment? How ...

Excerpt: ...LLC's (collectively, Argus Defendants) for an Award of Attorney Fees as Prevailing Party on Appeal is GRANTED as follows. There is no dispute that Argus Defendants are the prevailing parties and are entitled to their attorney fees on appeal pursuant to CRC Rule 3.1702 and Civil Code 1717. ROA 1401, 1403 and 1774. In connection with Argus Defendants' prior motion for attorney fees and costs, this Court previously determined that Moving Defendants ...

Excerpt: ...ourt 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.) PAGA settlements are subject to trial court review and approval, "to determine whether it is fair, reasonable, and adequate...

Excerpt: ... reasons which follow, the motions are DENIED. The basis for the motions to disqualify Aresh and GRBB are essentially the same. Intervenors contend that Aresh and GRBB have an actual conflict of interest because they represent Murrayfield with respect to Salvation and West Coast Plaintiffs' derivative claims, yet they also represent Salvation and West Coast Plaintiffs in direct claims Murrayfield. As such, Intervenors argue that Aresh and GRBB ar...