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...

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 ...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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 §�...

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 ...

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 ...

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...

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...

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...

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...

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...

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...

Excerpt: ... 12, 2024 2. Pretrial Conference – April 12, 2024 3. Jury Trial – June 3, 2024 FACTS/OVERVIEW: This is an eminent domain matter related to the 405 Freeway improvement project. On February 20, 2019, Plaintiff OCTA filed a C omplaint in Eminent Domain against Defendants Hyundai Motor America; BASF Video Corporation; SFII Fountain Valley, LLC; International Telephone and Telegraph Corporation; FHP, Inc.; and Southern California Edison Company. ...

Excerpt: ...EW: This is a putative class action for the alleged violation of privacy rights related to a data breach. On May 23, 2023, Plaintiff Ferdinand Rivera, individually and on behalf of all others similarly situated (“Plaintiff”), filed a Complaint against North Orange County Community College District (“Defendant”). (ROA 2.) The Complaint allege s seven causes of action for: 1. Negligence; 2. Violation of the California Confidentiality of M...

Excerpt: ... to state facts sufficient to constitute the claims. UPCOMING EV ENTS: Status Conference – May 14, 2024 FACTS/OVERVIEW: This is a putative class action for alleged violations of California's consumer protection laws. On May 30, 2019, Plaintiffs Joe Maldonado, Alfredo Mendez, J. Peter Tuma, Jonabette Michelle Tuma, and R oberto Mateos Salmeron, individually and on behalf of all others similarly situated (“Plaintiffs”), filed a Complaint aga...

Excerpt: ... versions must be provided as ordered. (ROA 260.) As to the Settl ement (Issue Numbers below are carried over from the Court's prior order (ROA 260): 1. The proof of service on the LWDA does not include a fully executed settlement and none is before the Court. Counsel explains the parties “intend” to file it prior to the hearing (Decl. ¶ 3 n.1), which at any rate would be untimely, but as of 02 -2124, an executed settlement has not been fi...

Excerpt: ... under the Labor Code against Defendant Ladera Lending, Inc . (Defendant) and Does 1-10. ROA 2, Complaint. On March 8, 2023, Plaintiff filed an amended class action complaint adding a PAGA claim (FAC). ROA 33, FAC. On May 12, 2023, Plaintiff sought dismissal of the class claims without notice to the class. See generally, ROA 42, Bradley Decl. Plaintiff represents that he signed an arbitration agreement with Defendant. ROA 52, Bradley Decl., ¶2....

Excerpt: ...d to stay the action. UPCOMING EVENTS: None FACTS/OVERVIEW: T his is an employment discrimination matter, as well as an individual wage -and -hour class and PAGA action. On September 6, 2023, Plaintiff Elida Martin (“Plaintiff”) filed a Complaint against Defendants Contactability.com LLC dba SmartFinancial and Stephani e Schneider (collectively, “Defendants”). (ROA 2.) The Complaint alleges the following 16 causes of action: 1. Discrimin...

Excerpt: ...ers similarly situated SERVICE: 1. Proof of Service not provi ded 2. December 15, 2023, by email RELIEF SOUGHT: 1. Plaintiff moves for an order certifying the putative class. 2. Defendant moves for an order striking the declaration, opinions, and testimony of Plaintiff's expert witness, Dr. William Ingersoll, filed i n support of the Motion for Class Certification. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative class action for violat...

Excerpt: ...glas Hughes should not be held in contempt for willfully violating sever al Court Orders. 2. Plaintiff moves for monetary and terminating sanctions against Defendants Elena Medo and Adrianne Weir for the spoliation and intentional destruction of evidence by Medo in violation of the Court's TRO and Preliminary Injunction Orders. FACTS/OVERVIEW: This is a trade secret misappropriation case. In the operative Fourth Amended Complaint, filed November...

Excerpt: ...uly 17, 2023, Plaintiff Lindsay A. Vasquez, individually and o n behalf of herself and all other similarly situated (“Plaintiff”), filed a Complaint against Defendant Aramark Campus, LLC (“Defendant”). (ROA 2.) The Complaint alleges a single cause of action for Civil Penalties under PAGA based on alleged violations of various wage -and -hour Labor Code provisions, including failure to pay minimum and overtime wages, failure to provide me...

Excerpt: ..., acting by and through its Department of Water and Power SERVICE: November 20, 2023, by U.S. mail and email RELIEF SOUGHT: Defendants move to stay or, in the alternative, to dismiss the action. UPCOMING EVENTS: Case Management Conference - March 6, 2024 FACTS/OVERVIEW: This case involves a dispute over the diversion of water from the Owens Valley, the resulting air pollution, and attempts to mitigate the impacts. On October 19, 2022, Plaintiff T...

Excerpt: ...7.1 (Unpaid Overtime Wages); 2. Violation of Labor Code § 2802(a) (Fai lure to Indemnify Necessary Expenditures); 3. Violation of Labor Code §§ 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code § 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code §§ 17200 et seq.; and 6. Civil Penalties Under the Private Attorneys General Act On May 5, 2021, as a matter of right, Plaintiff filed the operative First Amended Complaint (...

Excerpt: ...Rock Holdings, LLC; TwinRock Partners, LLC; Mo Azzurri, LLC; TRP Management Murray field, LLC; TRP Management Azzurri, LLC; TRP Management VIII, LLC; and TwinRock Management, Inc. (collectively, the “TwinRock Defendants”) Responding Party: Plaintiffs West Coast Lending, Inc.; Trenton Rhodes; and California Anchor Consulting, Inc. SERVICE : August 18, 2023, by electronic transmission RELIEF SOUGHT: Intervening Plaintiffs ask the Court to ente...

Excerpt: ... also moves to stay this litigation pending the completion of arbitration. FACTS/OVERVIEW: On August 4, 2022, after Defendants produced a copy of an arbitration agreement purportedly signed by Plainti
¯ at the commencement of his employment, Plainti
¯ Þled a Request for Dismissal of Class Allegations Without Prejudice. (ROA 25.) The Order dismissing the class claims was entered on August 30, 2022. (ROA 28.) On July 6, 2023, Plainti
¯ and Defe...

Excerpt: ..., Nos. 2 through 8, and to Requests for Production, Set Two, No. 3. UPCOMING EVENTS: Status Conference – 02/07/2024; Motion to Strike – 04/05/2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On February 7, 2022, Plainti
¯ Alondra Rosas Valencia, as an individual and on behalf of other similarly situated employees (“Plainti
¯”) Þled a Complaint against Defendant NGK Spark Plugs (U.S.A.), Inc. (“Defen...

Excerpt: ...to submit all of her individual claims to binding arbitration, and dismissing the class claims without prejudice. UPCOMING EVENTS: Case Management Conference, February 21, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 14, 2023, Plainti
¯ Lingyan Xing, individually and on behalf of all other similarly situated current and former employees (“Plainti
¯”), Þled a Class Action Complaint against Defendant Winn, Inco...

Excerpt: ...acle Light Industrial, LLC (“Defendant”) alleging violations of Labor Code section 2802 for Defendants failure to reimburse necessary business expenses. (ROA 2.) On July 16, 2021, Plainti
¯ Þled the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 17.) The class consisted of those employees who sought mileage/travel reimbursement. An Unlawful Business Practices claim is alleged on the same basis. The PAGA claim is ba...

Excerpt: ...ings, without leave to amend. UPCOMING EVENTS: Case Management Conference, March 27, 2024 FACTS/OVERVIEW: This is a PAGA-only action. On July 28, 2023, Plainti
¯ Gustavo Chavez Franco, solely as a representative of the Labor & Workforce Development Agency and the Aggrieved Employees (“Plainti
¯”), Þled a PAGA Representative Action Complaint against Defendant Padilla Construction Company (“Defendant”). (ROA 2.) The Complaint alleges Def...

Excerpt: ...cial elder abuse action. On April 15, 2022, Plaintiff Dennis Cooper ("Plaintiff") filed a Complaint in Los Angeles Superior Court (Case No. 22L8CV00174) against Defendants Tyler Morgan Cooper, Jessica Naughton, Loren Castro, and "All Persons unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff Dennis Cooper's Title or Any Cloud On." (ROA 2.) The Complaint a...

Excerpt: ...3, Plaintiff Gladys Navarro ("Plaintiff") filed a Complaint against Defendant Bailey Food and Beverage Group, LLC ("Defendant"). (ROA 2.) The Complaint alleges the following eight causes of action: 1. Failure to Pay Minimum Wages; 2. Violation of Labor Code S 226(a) — Improper Wage Statements; 3. Violation of Labor Code S 221; 4. unlawful Taking of Tips and Diversion Kickback; 5. Failure to Reimburse for Business Expenses; 6. Violation of Labor...

Excerpt: ...wn behalf, on behalf of the putative class, and in their representative capacities pursuant to the Private Attorneys General Act, move for leave to file a Consolidated First Amended Class and PAGA Action Complaint in this coordinated action. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a coordinated proceeding comprised of three putative class action cases involving alleged wage-and-hour violations. On March 24, 2023, the Court granted the Petit...

Excerpt: ...g Defendant Pacific Green Energy, LLC from introducing evidence or facts supporting any of fts thirty affirmative defenses at trial, and for monetary sanctions for failure to comply with the Court's June 9, 2023 Order. UPCOMING EVENTS: Motion to Compel Production — March 15, 2024 FACTS/OVERVIEW: This is a putative wage-and-hour class action and PAGA matter. On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly ...

Excerpt: ...ers. 2. Plaintiff moves for monetary and terminating sanctions against Defendants Elena Medo and Adrianne Weir for the spoliation and intentional destruction of evidence by Medo in violation of the Court's TRO and Preliminary Injunction Orders. UPCOMING EVENTS: 1. Motion for Summary Judgment and/or Adjudication — January 19, 2024 2. Pretrial Conference — February 6, 2024 3. Jury Trial - February 26, 2024 FACTS/OVERVIEW: This is a trade secret...

Excerpt: ...: This is a putative wage-and-hour class action. On July 7, 2023, Plaintiff Madison Vollmar, individually and on behalf of others similarly situated ("Plaintiff"), filed a Complaint against Defendants Partners Capital Group, Inc. ("PCG") and Mark Davin ("Davin") (collectively, "Defendants"). (ROA 2.) The Complaint alleges the following eight causes of action: 1. Violation of Labor Code SS 510 and 1198 (Unpaid Overtime); 2. Violation of Labor Code...

Excerpt: ... fully executed "Class and Representative Acton Settlement Agreement and Release of Claims" is attached as Exhibit 1 to the Declaration of Brian J. St. John. (ROA 170, Declaration of Brian J. St. John ("Counsel Decl.").) Class Definition: All current and former non-exempt employees of Defendant who performed work for Defendant in the State of California during the Settlement Period who have not signed an arbitration agreement with class waiver. [...

Excerpt: ...6.) 1. Aggrieved Employees Definition: "All employees who worked for Toshiba in California during the PAGA Period and who received one or more wage statements during the PAGA Period." [Settlement, 1.4.] 2. PAGA Period: "The period from June 24, 2020 through July 28, 2021." [ld., '1 1.19.] 3. Number of Aggrieved Employees: 419 employees who worked a total of 11,893 PAGA Pay Periods. [ld., '1 4.1.] 4. Gross Settlement Amount: $100,000.00 [ld., 3.1....

Excerpt: ... brought to trial pursuant to CCP section 583.310. (ROA 236). Concurrently, the Court entered a separate Joint Stipulation and Order to further continue the hearing on the Mohon for Preliminary Approval. (ROA 238). On June 2, 2023, the parties filed a Status Conference Statement wherein they stated that "the Parties do not have a fully executed amended agreement and are still waiting on certain information necessary to provide the high and low fi...

Excerpt: ...laintiff Sean Finnell; Defendant Control Air Enterprises, LLC seeks an order granting summary adjudication against Plaintiff Sean Finnell This Motion was continued from 10/13/23 to allow Counsel to submit Supplemental Points and Authorities re: (1) Why both Defendant Entities are applicable to the MS] and MSA as to the PAGA Claim; and (2) whether the operative Collective Bargaining Agreement references CAE's Member Operating Agreement. For ease o...

Excerpt: ...action for: 1. Violation of Labor Code SS 510 and 1198 (Unpaid Overtime); 2. Violation of Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); 3. Violation of Labor Code S 226.7 (Unpaid Rest Period Premiums); 4. Violation of Labor Code SS 1194 and 1197 (Unpaid Minimum Wages); 5. Violation of Labor Code SS 201 and 202 (Final Wages Not Timely Paid); 6. Violation of Labor Code S 226(a) (Non-compliant Wage Statements); 7. Violation of Labor ...

Excerpt: ...on for Approval of PAGA Settlement is CONTINUED to February 23, 2024 at 1:30 p.m. in Department CX103 to give counsel an opportunity to address the issues identified below by the Court. As to the Settlement 1. Was the Motion and supporting papers served on the LWDA? A proof of service of the moving papers on the LWDA should be filed with the Court. 2. The definition of "Released Claims" should be revised. To be clear, the release should be limite...

Excerpt: ...lass Action and PAGA Settlement, and the Class Notice. UPCOMING EVENTS: None. FACTS/OVERVIEW: This is a consolidated putative wage-and-hour class achon and PAGA matter. On April 2, 2021, Plaintiff Armando Diaz-Garcia (Diaz-Garcia) filed a putative Class Acton Complaint against Defendant Awesome Products, Inc. (Defendant). ROA 2. On May 26, 2021, the First Amended Class Action Complaint (FAC) was filed. ROA 8. The FAC alleges: 1. Failure to pay mi...

Excerpt: ...lass action and PAGA matter. On February 21, 2023, Plaintiff Kiyoko Dodson, on behalf of herself and others similarly situated ("Plaintiff"), filed a Complaint against Defendant LeafFilter North, LLC ("Defendant") alleging the following seven causes of achon (ROA 2): 1. Declaratory Relief; 2. Failure to Pay Overtime Wages for Daily Overtime Worked in Violation of Labor Code sections 510 and 1194; 3. Failure to Authorize or Permit Meal Periods in ...

Excerpt: ...Clemente ("City") filed a Complaint in Eminent Domain against Defendants Emergency Shelter Coalition and Rancho San Clemente Business Park Community Association (collectively, "Defendants"). (ROA 2). A lis pendens was filed on July 31, 2020. (ROA 4). The City sought to acquire approximately 10 acres of undeveloped land along Avenida Pico adjacent to the Rancho San Clemente Business Park ("the Parcel"). The Parcel lies directly adjacent to the 287...

Excerpt: ...: plaintiff/Cross-Defendant Martin Knudsen seeks an order compelling Defendant/cross-complainant Solnsoft, LLC to produce further responses and documents to the Amended Requests for Production of Documents, Set One and Set Four, and moves for an order imposing monetary sanctions. FACTS/OVERVIEW: This is a dispute among the owners of a closely-held LLC about how much money is owed to Plaintiff Martin C. Knudsen ("Knudsen") for his ownership intere...

Excerpt: ...ion; and seek an order staying the underlying action pending the resolution of another related representative action. REQUEST FOR JUDICIAL NOTICE: (ROA 31) Defendant asks this Court to take judicial notice of the operative Complaint in Navarro v. Floor and Decor Outlets of America, Inc., Santa Clara County Superior Court Case No. 22CV403852, filed September 30, 2022. In the Demurrer, Defendant contends Navarro asserts the same PAGA cause of actio...

Excerpt: ...dder"). The underlying litigation, filed by Tedder in 1996, arose out of business dealings between Baer and Tedder during the late 1980s and 1990s. Tedder, an attorney, was a general partner of several Nevada limited partnerships that he created to provide "asset protection" services to his clients. Tedder sued on behalf of the limited partnerships to recover on loans they allegedly made to Baer's two corporations for real estate acquisitions. Ba...

Excerpt: ...Cready; Richard Johnston; Aero Vault Johnston, LLC; Amlap Johnston, LLC, and Amlap McCready, LLC RELIEF SOUGHT: The Basso Defendants ask the Court to sustain the Demurrer as to the first, second, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, and sixteenth causes of action in the Sixth Amended Complaint. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a fraud, professional malpractice, and breach of duty action...

Excerpt: ...ndividually and as trustees of the Kornievsky Living Trust dated October 4, 2005; Aero Vault Kornievsky, LLC; Haw-Kornievsky, LLC; Hamilton Kornievsky, LLC; Baker Kornievsky, LLC; Fiesta Kornievsky, LLC; Amlap Kornievsky, LLC; Eaton Kornievsky, LLC; and La Baya Kornievsky, LLC ("Kornievsky Plaintiffs") RELIEF SOUGHT: The Davies Defendants ask the Court to sustain the Demurrer as to the fourth, fifth, seventh, eighth, ninth, tenth, twelfth, thirte...

Excerpt: ...ally and as trustees of the aarrons Family Trust dated August 16, 1988; Aerovault Barrons, LLC; and Eaton Barrons, LLC RELIEF SOUGHT: The Davies Defendants ask the Court to sustain the Demurrer as to the fourth, fifth, seventh, eighth, ninth, tenth, twelfth, thirteenth, fourteenth, fifteenth, and seventeenth causes of action in the Fifth Amended Complaint. RELIEF SOUGHT: The Davies Defendants ask the Court to sustain the Demurrer as to the fourth...

Excerpt: ...e related action, Case No. 2023-01309015. The Class Acton Complaint alleged nine causes of acton for: 1. Unfair Competition; 2. Failure to Pay Minimum Wages; 3. Failure to Pay Overtime Wages; 4. Failure to Provide Required Meal Periods; 5. Failure to Provide Required Rest Periods; 6. Failure to Provide Accurate Itemized Statements; 7. Failure to Reimburse for Required Expenses; 8. Failure to Provide Wages When Due; and 9. Failure to Pay Sick Pay ...

Excerpt: ...ourt granted the motion (ROA 102), and the Order Granting Preliminary Approval was entered on July 27, 2023 (ROA 104). On October 27, 2023, Plaintiff filed the current Motion for Final Approval of Class Acton and Representative Action Settlement. (ROA 108). This is the first hearing on this matter. TERMS OF PRELIMINARILY APPROVED SETTLEMENT: The settlement Agreement is attached as Exhibit 1 to the Declaration of Vedang J. Patel. (ROA 109). Propos...

Excerpt: ...fully executed Private Attorneys General Act Settlement Agreement and Release ("Settlement") is attached as Exhibit 1 to the Declaration of Edwin Aiwazian. (ROA 86.) 1. Aggrieved Employees Definition: "All current and former non-exempt individuals who were employed by Defendant within the State of California and salaried exempt BIM Senior Support Specialists who were employed by Defendant within the State of California during the PAGA Period." [S...

Excerpt: .... Defendant's counsel stated they were working to provide the information but had not yet completed the process. As a result, the parties asked the Court to continue the hearing for 30 days. On August 25, 2023, the Court continued the hearing and ordered counsel to file supplemental papers no later than fourteen (14) calendar days before the continued hearing date. (ROA 194). Counsel was also ordered to provide red-lined versions of all revised p...

Excerpt: ...12-08-2023 2. Motion to Seal, 12-08-2023 FACTS/OVERVIEW: This is a dispute among the owners of a closely-held LLC about how much money is owed to Plaintiff Martin C. Knudsen ("Knudsen") for his ownership interest in Solnsoft, LLC d/b/a XCentium after he made a request to withdraw. Solnsoft, LLC d/b/a/ XCentum ("Company") is a California limited liability company that was organized in 2011 by three managing members—Defendant Amrit Raj, Defendant...

Excerpt: ...lass action and PAGA matter. On February 4, 2022, Plaintiff Veronica Lucatero Torres, as an individual and on behalf of all others similarly situated ("Plaintiff"), filed a Complaint against Defendants South Coast Circuits, Inc. and Roya Flex Circuits, Inc. (collectively, "Defendants"). (ROA 2). The Complaint alleged the following seven causes of action: 1. Meal Period Violations; 2. Rest Period Violations; 3. Minimum Wage Violations; 4. Failure ...

Excerpt: ...int against Defendant Power Paragon, Inc. ("Defendant"). (ROA 2). The Complaint alleged six causes of action for: 1. Violation of Labor Code SS 510, 1194, and 1197.1 (Unpaid Overtime Wages); 2. Violation of Labor Code S 2802(a) (Failure to Indemnify Necessary Expenditures); 3. Violation of Labor Code SS 226.7, 226.7(b), and 512 (Meal Periods); 4. Violation of Labor Code S 226.7 (Rest Breaks); 5. Violation of Bus. & Prof. Code SS 17200 et seq.; an...

Excerpt: ... Wrongful Discharge in Violation of Public Policy; 4. Failure to Reimburse and Indemnify for Expenditures 5. Failure to Provide Rest Periods or Compensation in Lieu Thereof in Violation of Labor Ctxle S 226.7 6. Unpaid Wages and Failure to Pay Minimum Wages 7. Labor Code S 203 Waiting Time Penalties 8. Failure to Provide Accurate Itemized Wage Statements 9. Private Attorneys General Act Defendants represented that they had few assets and an inabi...

Excerpt: ... Class Nurses, Inc. (ROA 2). The Complaint alleged 13 causes of action for: 1. Training / Orientation Indemnification 2. Illegal Waiver of Training / Orientation Indemnification; 3. Failure to Indemnify for Business Expenses; 4. Illegal Wage Non-Disclosure Agreement; 5. Illegal Non Competition Agreement; 6. Overtime; 7. Minimum Wages; 8. Regular Wages; 9. Rest Periods and Rest Premiums; 10. Meal Periods and Meal Premiums; 11. Failure to Pay Timel...

Excerpt: ...of postjudgment attorneys' fees in its fawr against Plaintiff City of San Clemente. UPCOMING EVENTS: Moton to Strike/Tax Costs - December 15, 2023 FACTS/OVERVIEW: This is an eminent domain action. On July 31, 2020, Plaintiff City of San Clemente ("City") filed a Complaint in Eminent Domain against Defendants Emergency Shelter Coalition and Rancho San Clemente Business Park Community (collectively, "Defendants"). (ROA 2). A lis pendens was filed o...

Excerpt: ...tively, "Defendants"). (ROA 2). The Complaint asserts the following 11 causes of action: 1. Failure to Pay Minimum Wage; 2. Failure to Compensate For All Hours Worked; 3. Failure to Pay Overtime Compensation; 4. Failure to Pay Rest Period Compensation; 5. Failure to Pay Meal Period Compensation; 6. Failure to Furnish Accurate Wage and Hour Statements; 7. Failure to Pay Wages Upon Discharge; 8. Statutory Penalties (Labor Code SS 203, 558); 9. Fail...

Excerpt: ...l as counsel of record for Defendant Resource Employment Solutions, LLC. FACTS/OVERVIEW: This is a putative wage-and-hour class action. On July 19, 2019, Plaintiff Raymundo Hernandez, individually and on behalf of other persons similarly situated ("Plaintiff"), filed a Complaint against Defendants Resource Employment Solutions, LLC, and Houdini, Inc. (ROA 2). The Complaint alleged five causes of action for Labor Cuie violations and unfair competi...

Excerpt: ...aid Rest Period Premiums); 4. Violation of Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); 5. Violation of Labor Code SS 201 and 202 (Final Wages Not Timely Paid); 6. Violation of Labor Code S 204 (Wages Not Timely Paid During Employment); 7. Violation of Labor Code S 226(a) (Nan-compliant Wage Statements); 8. Violation of Labor Code S 1174(d) (Failure to Keep Requisite Payroll Records); 9. Violation of Labor Code SS 28W and 2802 (Un...

Excerpt: ...ations. (ROA 2). At some point, Plaintiff added Farfetch.com Limited as a named Defendant. Plaintiff alleges that Defendants, an e-commerce company, intentionally and surreptitiously recorded and/or monitored telephone calls placed or routed to their customer service lines. Plaintiff alleges that Defendants' policy and practice of recording and monitoring customer telephone conversations, without the consent of all parties, violates the Californi...

Excerpt: ...refer to the cause(s) of action to which they apply. UPCOMING EVENTS: status conference, January 10, 2024 FACTS/OVERVIEW: This is a putative wage-and hour class action. On April 25, 2023, Plaintiff Jose Lozano, individually and on behalf of other members of the general public similarly situated ("Plaintiff"), filed a Complaint against Defendant Inlog, lnc„ a Texas corporation ("Defendant"). (ROA 2). The Complaint alleges the following nine caus...

Excerpt: ...a PAGA-only action. On May 31, 2023, Plaintiff Kiran Chaudry, individually and on behalf of other aggrieved employees pursuant to the California Private Attorneys' General Act ("Plaintiff"), filed a Complaint against Defendant Beckman Coulter, Inc. ("Defendant"). (ROA 2). The Complaint alleges a single cause of action for Violation of Labor Code section 2698, et seq., based on alleged Labor Code violations by Defendant. Plaintiff alleges he worke...

Excerpt: ...ed a Complaint against Defendant LoanMe, LLC ("Defendant"). (ROA 2). The Complaint alleges four causes of action for: 1. Violation of Unfair Competition Law, Bus. & Prof. Code S 172W, et seq.; 2. Relief from Rescission; 3. Violation of California Invasion of Privacy Act, Pen. Code S 631, et seq.; and 4. Default Judgment and Other Relief under Civil Code SS 1281.97-1281.99 On April 12, 2023, as a matter of right, Plaintiff filed the operative Firs...

Excerpt: ...Enterprises, LLC seeks an order granting summary adjudication against Plaintiff Sean Finnell FACTS/OVERVIEW: This is an employment discrimination, wage and hour, and PAGA case. On July 20, 2021, Plaintiff Sean Finnell ("Plaintiff") filed a Complaint against Defendants Control Air Enterprises, LLC; Control Air Holdings, Inc.; and Todd Gavin. (ROA 2). The Complaint alleges eight causes of achon for: 1. Medical Condition Discriminaton (Associational...

Excerpt: ...inance company engaged in the business of purchasing and servicing subprime auto loans originated primarily by franchised and independent dealerships. Plaintiff was a Marketing Field Representative for CPS. His primary responsibilities were to visit and strengthen relationships with automobile dealerships in order to increase the volume of loan applications submitted to CPS. The operative FAC (ROA 15) asserts the following causes of action: 1. Vi...

Excerpt: ...vide Meal Periods; 3. Failure to Provide Rest Breaks; 4. Failure to Provide Accurate Itemized Wage Statements; 5. Failure to Pay All Wages Due upon Separation of Employment; and 6. Violation of Bus. & Prof. Code SS 172W, et seq. On August 22, 2019, as a matter of right, Plaintiff filed the operative First Amended Complaint, adding a cause of acton for Enforcement of Labor Code S 2698, et seq. ("PAGA"). (ROA 12). Precise Personnel is a staff agenc...

Excerpt: ...emium); 3. Violation of Labor Code S 226.7 (Unpaid Rest Period Premiums); 4. Violation of Labor Code SS 1194, 1197, and 1197.1 (unpaid Minimum Wages); 5. Violation of Labor Code SS 201 and 202 (Final Wages Not Timely Paid); 6. Violation of Labor Code S 204 (Wages Not Timely Paid During Employment); 7. Violation of Labor Code S 226(a) (Non-compliant Wage Statements); 8. Violation of Labor Code S 1174(d) (Failure to Keep Requisite Payroll Records);...

Excerpt: ...ised their products with express warranties. Defendants separately manufacture kitchen appliances, cookware, and other consumer goods, and advertise that their products are sold with express warranties. 80th All-Clad and T-Fal include warranty registration cards within their product packaging and make their warranty registration forms available on their respective websites. Plaintiffs are consumers who purchased either All-Clad or T-Fal products ...

Excerpt: ...atter of right, Plaintiffs filed the First Amended Complaint ("FAC") (ROA 12), alleging four causes of action for: 1. Violation of Labor Code SS 510, 558, 1194; 2. Violation of Labor Code S 226(a); 3. Violation of Bus. & Prof. Code SS 17200, et seq.; and 4. Violation of Labor Code SS 2698, et seq. On September 8, 2021, by stipulation and order, Plaintiffs filed the operative Second Amended Complaint ("SAC"), which added a cause of action for Viol...

Excerpt: ...ursuant to Code of Civil Procedure SS 583.310 et seq. (ROA 1982). The Baldwin/aone Defendants bring the motion on the grounds that Plaintiffs have failed to bring this case to trial within the mandatory 5-year statutory deadline and are beyond any extended deadline to do so. Defendants Moller Otay Investment LLC and Moller Investment Group, Inc. filed a joinder to the motion. (ROA 1988). Similarly, Defendants Brian Therrien (as representative of ...

Excerpt: ...W: This is a coordinated proceeding arising out of alleged malpractice by a dentistry group, commonly known as the Children's Dental Group ("CDG"). Plaintiffs allege that minor patents suffered from serious bacterial infections (some of which required hospitalization) from the water used at CDG and that CDG dentists performed unnecessary dental procedures. A. Relevant Procedural History 4/21/17 — Original petition to coordinate filed by Law Off...

Excerpt: ...FACTS/OVERVIEW: This is a PAGA-only action. On May 13, 2019, Plaintiffs Keith E. Riley and John Styles, on behalf of themselves and all others similarly situated ("Riley Plaintiffs"), filed a Complaint against Defendants B. Braun Medical, Inc. and staffing company, Manpower US, Inc. alleging several wageand-hour violations. (ROA 2). On October 7, 2019, pursuant to a stipulation of the parties, the Riley Plaintiffs filed the First Amended Complain...

Excerpt: ...ce a list of putative class members' contact information to a third-party administrator for purpose of Belaire privacy notce. UPCOMING EVENTS: Case Management Conference, October 25, 2023 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On January 20, 2023, Plaintiff Candace Bailey, individually and on behalf of all others similarly situated ("Plaintiff"), filed a Complaint against Defendant Golden Age Companions, LLC ("Defendant")....

Excerpt: ... defects. On December 20, 2022, Plaintiff Residential Holdings M2, LLC ("Plaintiff") filed a Complaint against Defendant Winkle Custom Homes ("Defendant"). (ROA 2). he Complaint alleges the followng causes of action: 1. Breach of Contract; 2. Breach of Express and Implied Warranty; 3. Breach of Implied Covenant of Good Faith and Fair Dealing; 4. Negligence; and 5. Violation of Statutory Standards for Residential Constructon Pursuant to Civil Code...

Excerpt: ... parte for an order finding that bringing this matter to trial prior to April 15, 2024, would be "impossible, impracticable, or futile." UPCOMING EVENTS: 1. Pretrial conference, April 2, 2024 2. Jury Trial, April 15, 2024 FACTS/OVERVIEW: This is a malicious prosecution action that arose out of a decades-long business dispute between Plaintiff Dan W. Baer ("Baer") and Defendant David H. Tedder ("Tedder"). To give some context to this matter, the u...

Excerpt: ...wever, no such papers were filed. At the hearing on April 14, 2023, the Court continued the hearing and set an OSC re sanctions for counsel to show cause why sanctions should not be imposed for the failure to comply with the Court's previous Order. (ROA 211). At the continued hearing on June 23, 2023, the Court discharged the OSC upon a sufficient show-ng that the missed deadline was due to an inadvertent filing error. (ROA 221). The Court also d...

Excerpt: ...lly and on behalf of all others similarly situated ("Plaintiff"), filed a Complaint against Defendant CareCar, Inc. ("Defendant"). (ROA 2). The Complaint alleges eight causes of action for: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Meal Periods; 4. Failure to Permit Paid Rest Breaks; 5. Failure to Pay Wages Upon Separation of Employment and Within the Required Time; 6. Failure to Provide Accurate Ite...

Excerpt: ...023, Plaintiff filed the current Motion for Final Approval of Class and Representative Action Settlement. (ROA 119). Plaintiff also filed supporting papers and declarations. (ROA 107, 109, 111, 113). This is the first hearing on this matter. TERMS OF PRELIMINARILY APPROVED SETTLEMENT: The settlement Agreement provided at preliminary approval is found attached to the Declaration of James Kawahito, ROA 65, Exhibit 1. Proposed Class Definition: "All...

Excerpt: ... to increase the lodestar and decrease the mul
Ÿplier. The table summary (Mankin Decl. ¶ 26) reßects a grand total of $179,520 for two a
©orneys, but the same paragraph states the lodestar is “approximately $191,325.” This is a delta of $11,805. Of Mr. Mankin's 129.4 hours, 35 were an
Ÿcipated. In other words, Mr. Mankin incurred approximately 94.4 hours for a total lodestar of $73,160, not $100,285. (Id. ¶¶ 26-27.) Addi
Ÿonally, the ...

Excerpt: ...ls for the Ninth Circuit of the district court's order granting Plaintiff's motion to remand. UPCOMING EVENTS: 1. Case Management Conference, 9-6-2023 2. Motion to Appear Pro Hac Vice FACTS/OVERVIEW This is a putative class action for alleged violations of patients' medical privacy rights. On January 13, 2023, Plaintiff Jane Doe, individually and on behalf of all others similarly situated (“Plaintiff”), filed a Complaint against Defendant Hoa...

Excerpt: ...ge Forfeiture; 2. Failure to Reimburse Employment Expenses; 3. Failure to Provide Meal and Rest Periods; 4. Failure to Provide Accurate Wage Statements; 5. Waiting Time Penalties; 6. Unlawful Business Practices; 7. Unfair Business Practices; and 8. Declaratory Relief. Plaintiff alleges he was employed by Defendant as a mortgage banker, and his terms of employment were governed by a Compensation Agreement. The Compensation Agreement included a pro...

Excerpt: ...lity under Labor Code § 226.7 4. Rest Break Liability under Labor Code § 226.7 5. Failure to Reimburse for Business Expenses 6. Failure to Provide Accurate Itemized Employee Wage Statements 7. Failure to Pay All Wages Owed Timely and upon Separation of Employment 8. Violation of Labor Code § 1174(d) [Failure to keep accurate payroll records] 9. Bus. & Prof. Code § 17200 10. Penalties Pursuant to Labor Code § 2699 [PAGA] The Complaint alleges...

Excerpt: ...iolation of PAGA for 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 Failure to Timely Pay Wages at Separation Plaintiff alleges she was employed as a non-exempt worker for Defendant, a no...

Excerpt: ...LIEF SOUGHT: Plaintiff/Cross-Defendant Martin Knudsen seeks an order compelling Defendant/Cross-Complainant Solnsoft, LLC to produce further responses and documents to the Amended Requests for Production of Documents, Set One and Set Four. Plaintiff also moves for an order imposing monetary sanctions on Solnsoft, LLC and its attorneys. UPCOMING EVENTS: 1. Motion to Seal, September 1, 2023 2. Status Conference, September 1, 2023 FACTS/OVERVIEW: Th...

Excerpt: ...nclude the Court's areas of concern. On 4/28/23, the Court noted that “several significant issues remain.” The Court gave Counsel “one additional opportunity to resolve the following concerns…” [ROA 99]. Attached to Counsel's Declaration is Exhibit “D”-the Settlement Agreement that is still not executed by Defendants or Defendants' Counsel. The matter was continued to 7/07/23 and subsequently continued by the Court to 8/25/23 to all...

Excerpt: ...reement in a putative wage-and-hour and PAGA action. UPCOMING EVENTS: None FACTS/OVERVIEW: The original wage and hour Class Action Complaint alleging seven causes of action was filed on December 14, 2020, by Plaintiff Carmen Lopez, individually, and as a representative of other aggrieved employees. (ROA 2). The named defendants are Vehicle Protection Specialists, LLC and Daniel Laurent. On December 28, 2020, the Register of Actions in this matter...

Excerpt: ...sanctions for the reasonable costs and attorneys' fees incurred by Defendant in successfully bringing the Motion to Quash Deposition Subpoenas for Production of Business Records. FACTS/OVERVIEW: This is a negligence and continuing nuisance action. On March 23, 2017, Plaintiffs South Coast Shipyard, LLC and Peter Stewart (“Plaintiffs”) filed their Complaint alleging claims arising out of the design and construction of a mixed-use, residential ...

Excerpt: ...2019, Plaintiff filed the First Amended Complaint, adding a PAGA cause of action. (ROA 94). On January 6, 2023, by stipulation and order, Plaintiff filed the Second Amended Complaint (ROA 220) asserting the following causes of action: 1. Failure to Pay Lawful Wages; 2. Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; 3. Failure to Provide Lawful Rest Periods or Compensation in Lieu Thereof; 4. Failure to Timely Pay Wages; 5...