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209 Results

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Location: Orange County x
Judge: Hurwitz, Lon F x
2024.04.19 Motion to Compel Arbitration 477
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ... an orde r compelling Plaintiff to submit his individual claims to arbitration, striking or dismissing Plaintiff's class allegations, dismissing any non- individual PAGA claims, and staying further proceedings pending completion of the arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On July 6, 2022, Plaintiff Pablo Calvillo, an individual and on behalf of all others similarly situated (“Plaint...
2024.04.19 Motion to Compel Arbitration 352
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...ion: 1) Failure to Pay Minimum Wage; 2) Failure to Pay Overtime Compensation; 3) Failure to Provide Lawful Meal Periods; 4) Failure to Provide Lawful Rest Periods; 8) Failure to Pay All Wages Upon Separation; 6) Failure to Provide Accurate Itemized Wage Statements; 7) Fai lure to Indemnify Employees for Expenditures; and 8) Unfair Business Practices. ANALYSIS: The parties' sole dispute is whether or not Plaintiff qualifies for an exemption under...
2024.04.19 Motion for Summary Adjudication 539
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ... Responding Party: Plaintiffs M. Westland, LLC; Dorothy Sublett -Miller and Walter J. Miller, as Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated February 05, 2004, for the Estate of Willis L. Miller, deceased, as to an u ndivided ½ interest; Dorothy Sublett -Miller and Walter J. Miller, Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated Feb...
2024.04.19 Motion for Preliminary Approval of Class Action Settlement 267
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...oposed cla ss action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On March 3, 2023, Plaintiff Ene C. Hernandez, individually and on behalf of other persons similarly situated (“Plaintiff”), filed a Complaint against Defendant Northwest Hotel Corporation (“Defendant”). (ROA 2.) The Complaint alleged the following eight causes of action: 1. Failure to Provide Me...
2024.04.19 Motion for Leave to File Reply Briefs in Support of Motions in Limine 871
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.19
Excerpt: ...REQUEST: Caltrans and OCTA mov e for an order permitting Reply briefs to support its Motion in Limine Nos. 1 -3. ROA 431 -433. FACTS / OVERVIEW: These consolidated actions involve inverse condemnation claims and cross -complaints for indemnification. The action was initiated by JL Kids, wh ich seeks recovery for damages caused by a landslide onto its property in San Clemente. St. Andrews cross -complained against OCTA and Caltrans for indemnifi...
2024.04.15 Demurrer 040
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.15
Excerpt: ...tiffs”), filed a Complaint against Defendants IVY Cottages, Inc. and Carmen Rodriguez (“Defendants”). (ROA 2.) The Complaint alleges 14 causes of action for: 1. Failure to Pay All Wages Earned; 2. Failure to Provide Rest Breaks; 3. Failure to Provide Meal Periods; 4. Failu re to Indemnify; 5. Failure to Provide Accurate Wage Statements; 6. Failure to Pay Wages Owed Every Pay Period; 7. Failure to Pay Wages When Employment Ends; 8. PAGA Pen...
2024.04.08 Motion to Compel Further Responses, to Strike 368
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.08
Excerpt: ...ng the cl ass and aggrieved employee allegations in the First Amended Complaint. UPCOMING EVENTS: 1. Motion to Compel Responses to Special Interrogatories – April 5, 2024 2. Motion to Compel Responses to Requests for Production – April 5, 2024 3. Motion to Appear Pr o Hac Vice – May 31, 2024 FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On February 7, 2022, Plaintiff Alondra Rosas Valencia, as an individua...
2024.04.08 Motion to Compel Further Responses 363
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.08
Excerpt: ...ng and rec eiving extensions of time, the Cosic Defendants served unverified responses consisting of boilerplate objections to each and every request. Plaintiff's counsel attests that on October 19, 2023, he sent a meet and confer letter to Defendants' counsel regard ing the deficiencies in his discovery responses and requesting supplemental responses within seven days. (See, e.g., ROA 82, Declaration of Shawn S. Dargahi (“Plaintiff's Counsel...
2024.04.08 Motion to Compel Arbitration 274
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.08
Excerpt: ...ed a Class Action Complaint against Defendant Prospera Management, Inc. (“Defendant”). (ROA 2.) The original Complaint alleged several causes of action for Labor Code wage - and -hour violations. On September 7, 2023, pursuant to stipulation and order, Plaintiff dismissed her individual claims and putative class action claims without prejudice, and filed the operative First Amended Complaint (“FAC”) alleging a single cause of action for ...
2024.04.08 Motion for Preliminary Approval of Class Action Settlement 857
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.08
Excerpt: ...sed class ac tion and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On November 5, 2020, Plaintiff Nicole Grimes, individually and on behalf of other members of the general public similarly situate d (“Plaintiff”), filed a Complaint against Defendant Pacific Cardiovascular Associates Medical Group, Inc. (“Defendant”). (ROA 2.) The Complaint alleges nine causes of ...
2024.04.08 Motion for Preliminary Approval of Class Action Settlement 372
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.08
Excerpt: ...MING EVENTS : None FACTS/OVERVIEW: This is a putative wage -and - hour class action and PAGA matter. On March 4, 2015, Plaintiff Raul Camacho, individually and on behalf of all others similarly situated, filed a Class and Representative Action Complaint against Defendant Residential Fire Systems, Inc. (ROA 2.) The Complaint alleged seven causes of action for: 1. Failure to Pay All Overtime Wages; 2. Minimum Wage Violations; 3. Rest Period Violat...
2024.04.02 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 459
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...oval of the class action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. The operative First Amended Complaint (“FAC”) was filed March 24, 2021 (ROA 55), and alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime; 3. Failure to Provide Rest Breaks; 4. Failure to Provide Meal Periods; 5. Failure to Provide Accurate Wa...
2024.04.02 Motion to Approve Amended Joint Stipulation of Settlement and Release Under PAGA 515
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...802 for Defendant's fa ilure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlaw ful Business Practices claim is alleged on the same basis. The PAGA claim is based on violations of Labor Code sections 2802 and 204 (timely payment of wages). The L...
2024.04.02 Motion to Compel Production, for Sanctions 512
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.04.02
Excerpt: ...electronic service RELIEF SOUGHT: Moving Plaintiffs move for an order to compel Defendants to provide responses to Requests for Production of Documents, and to impose monetary sanctions on Defendants. UPCOMING EVENTS: 1. Motion for Summary Judgment/Summary Adjudication – May 24, 2024 2. Status Conference – October 2, 2024 FACTS/OVERVIEW: This is an individual wage -and -hour action and representative PAGA action. This is not a class action. O...
2024.03.22 Motion for Preliminary Approval of Class Action Settlement 920
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ...020, Plaintiff Luciano Jimenez, as an individual and on behalf of all ot hers similarly situated (“Plaintiff”), filed a Complaint against Defendant Arcadia Chair Company, Inc. (“Defendant”). (ROA 2.) The Complaint alleged the following seven causes of action: 1. Failure to Pay All Overtime Wages; 2. Failure to Pay All Minimum W ages Owed; 3. Meal Period Violations; 4. Rest Period Violations; 5. Failure to Provide Accurate, Itemized Wage ...
2024.03.22 Motion for Preliminary Approval of Class Action Settlement 920
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ...020, Plaintiff Luciano Jimenez, as an individual and on behalf of all ot hers similarly situated (“Plaintiff”), filed a Complaint against Defendant Arcadia Chair Company, Inc. (“Defendant”). (ROA 2.) The Complaint alleged the following seven causes of action: 1. Failure to Pay All Overtime Wages; 2. Failure to Pay All Minimum W ages Owed; 3. Meal Period Violations; 4. Rest Period Violations; 5. Failure to Provide Accurate, Itemized Wage ...
2024.03.22 Motion for Final Approval of Class Action and PAGA Settlement 282
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ...rivate Attorneys General act (“Plaintiff”), filed a Complaint against Defendant Belshire Environmental Services, Inc. (“Defendant”). (ROA 2). The Complaint alleges the following 11 causes of action: 1. Violation of Labor Code §§ 510 and 1198 (Unpaid Overtime); 2. Violation of Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premium s); 3. Violation of Labor Code § 226.7 (Unpaid Rest Period Premiums); 4. Violation of Labor Code §�...
2024.03.22 Motion for Final Approval 127
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ...Pay Overtime Wages; 3. Failure to Provide Meal Periods; 4. Failure to Permit Rest Breaks; 5. Failure to Reimburse Business Expenses; 6. Failure to Provide Accurate Itemized Wage Statements; 7. Failure to Pay All Wages Due Upon Separation of Employment; and 8. Violation of Business & Professions Code §§ 17200, et seq. On Oct ober 23, 2019, Plaintiffs filed the First Amended Complaint adding two causes of action for Unlawful Deduction from Wages...
2024.03.22 Motion for Approval of PAGA Settlement, OSC Re Sanctions, Dismissal 122
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ... Failure to Provide Meal Periods; 2. Violation of PAGA for Failure to Provide Rest Periods; 3. Violation of PAGA for Failure to Pay Minimum Wages; 4. Violation of PAGA for Failure to Pay Overtime Wages; 5. Violation of PAGA for Failure to Provide Accurate Itemized Wage Statements; and 6. Violation of PAGA for Fai lure to Timely Pay Wages at Separation Plaintiff alleges she was employed as a non -exempt worker for Defendant, a nonprofit organizat...
2024.03.22 Motion for Approval of PAGA Settlement 890
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.22
Excerpt: ...10 causes of action for: 1. Failure to Pay Overtime; 2. Failure to P ay Minimum Wages; 3. Failure to Provide Compliant Meal Breaks; 4. Failure to Provide Compliant Rest Breaks; 5. Failure to Provide Itemized Wage Statements; 6. Failure to Maintain Accurate Employment Records; 7. Failure to Pay Wages Timely During Employment ; 8. Waiting Time Penalties; 9. Failure to Indemnify All Necessary Business Expenses; and 10. Unfair Business Practices. On ...
2024.03.08 Motion to Compel Arbitration 795
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... Seyfarth Shaw LLP, seeks to be admitted pro hac vice to represent Defendants Hyatt Corporation and The Hyatt Corporation Compensation Committee. UPCOMING EVENTS: None Mr. Schwartz -Fenwick attests that within the preceding two years, he has applied and been admitted to appear pro hac vice in one matter in Calif ornia: Lance Baird v. Hyatt Corporation, et al., C.D. Cal., Case No. 2:22 -cv - 01620, March 1, 2023. Mr. Schwartz -Fenwick attests that...
2024.03.08 Motion to Compel Arbitration 086
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ...tiff's individual claims, dismissing the class action claims, and stayi ng all proceedings pending completion of arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On October 5, 2023, Plaintiff Antonio Cornejo Herrera, individually and on behalf of all others similarly situated (“ Plaintiff”), filed a Complaint against Defendants The Picerne Group, Inc.; TPG Property Management, Inc.; and Pice...
2024.03.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 944
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... compel arbitration. This is the first hearing on the matter. SUMMARY OF THE SE TTLEMENT: A copy of the fully executed Class- PAGA Action Settlement Agreement is attached as Exhibit 1 to the Declaration of Robert W. Skripko. (ROA 516.) Class Definition: “All non- exempt individuals who worked for ESSC in California as a Job Coach, Life Coach, Life Skills Coach, Life Skills Coach I or 1, Life Skills Coach II or 2, and/or Life Skills Coach Floa...
2024.03.08 Motion for Determination of Good Faith Settlement 098
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.08
Excerpt: ... 33, LLC and Brandywine Homes was made in good faith under CCP § 877.6, and bars all prospective cross -complaints for equitable comparative contribution and/or partial or comparative indemnity against the Settling Defendants by any other joint tortfeasor or co -obligors. UPCOMING EVENTS: OSC re Dismissal on Settled Case – April 12, 20 24 FACTS/OVERVIEW: This is a construction defects case. On May 9, 2023, Plaintiff Arletta Community Associati...
2024.03.04 Motion to Compel Deposition of PMK, Further Responses 094
Location: Orange County
Judge: Hurwitz, Lon F
Hearing Date: 2024.03.04
Excerpt: ...iff moves for orders compelling Defendant to: (1) produce its Person Most Knowledgeable for deposition and produce documents requested in the deposition notice; and (2) provide further responses to Requests for Production. UPCOMING EVENTS: Status Conference – 4/10/2024 FACTS/OVERVIEW: This is a PA GA-only action. On May 13, 2019, Plaintiffs Keith E. Riley and John Styles, on behalf of themselves and all others similarly situated (“Riley Plain...

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