Excerpt: ...ve class action for violations of California's debt collection laws. On October 20, 2023, Plaintiff Ali Reza Sadrarhami, individually and on behalf of all others similarly situated (“Plaintiff”), filed a Class Action Complaint against Defendant Nelnet, Inc. (“Defen dant”). (ROA 2.) The Complaint alleges two causes of action for: (1) Violation of Unfair Competition Law (“UCL”); and (2) Violation of the Rosenthal Fair Debt Collection P...

Excerpt: ...nd Defendant replies (ROA 52). CONTENTIONS AND ANALYSIS: Statement of the Law A motion to set aside a default may be brought pursuant to either Code of Civil Procedure section 473, subdivision (b), or section 473.5. A court has broad discretion to vacate a default or default judgment. However, this discretion can only be exercised if the moving party establishes a proper ground for relief, by proper procedure and within the appropriate periods. (...

Excerpt: ... Heating, LLC (“ Defendant”). (ROA 2.) The Complaint alleged the following nine causes of action: 1. Failure to Pay Minimum Wages; 2. Failure to Pay Overtime Wages; 3. Failure to Provide Accurate, Itemized Wage Statements; 4. Failure to Provide Meal Periods; 5. Failure to Provide Rest Breaks; 6. Waiting Time Penalties; 7. Failure to Maintain Records; 8. Failure to Reimburse Business Expenses; and 9. Unfair Business Practices On March 3, 2023,...

Excerpt: ...ate itemized w age statements. The operative Complaint brings the following causes of action: 1. PAGA penalties 2. UCL 3. LC §§ 351, 353 4. Wage statements 5. Waiting time SUMMARY OF SETTLEMENT: Aggrieved Employees Definition: PAGA Member(s) or Settlement Group Members are “all current and former nonexempt employees of Defendant who were subject to the alleged illegal and unauthorized tip pooling in California during the PAGA Period.” (§ ...

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...

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...

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...

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...

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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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...