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: ...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: ...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: ...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...

Excerpt: ...lectively, “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 §§ 203, 558)...

Excerpt: ...3) final approval of Class Counsel; (4) final approval of Settlement Agreement; (5) final approval of Gross Settlement Amount; (6) final approval of disbursements; and (7) entry of Final Judgment. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On October 23, 2020, Plaintiff Antonio Hernandez, on behalf of himself and all other aggrieved (“Plaintiff”), filed the original Complaint against Defendan...

Excerpt: ...murrers timely pursuant to CCP Sections 472 and 1005. The current Demurrers are therefore Moot. Clerk to give Notice. Motion to Compel Arbitration Moving Party: Defendants Treadstone Medical LLC; Treadstone Holdings LLC; M4D LLC; Infinity Neuro LLC (China); StoneWall; Vtail Medical LLC; David Ferrera; Dawson Le; Randall Takahashi; and Charles Yang Responding Party: Plaintiff Balt USA, LLC SERVICE: December 9, 2022, by electronic service RELIEF SO...

Excerpt: ...ng various wage-and-hour class claims. (ROA 2). On November 22, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a PAGA claim. (ROA 12). Subsequently, Plaintiff requested the dismissal of the class claims, without prejudice. (ROA 39). No party has filed a motion to compel arbitration. There is no discovery order or stipulation for discovery. MOTION FOR APPROVAL OF PAGA SETTLEMENT: This hearing was originally continue...

Excerpt: ...class action arising from claims of invasion of privacy. On April 1, 2020, Plaintiff Nathan Walter, individually and on behalf of a class of similarly situated individuals (“Plaintiff”), filed a Complaint against Defendant Farfetch.com US, LLC alleging a single cause of action for Unlawful Recording and/or Monitoring of Cellular and Cordless Telephone Communications. (ROA 2). At some point, Plaintiff added Farfetch.com Limited as a named Defe...

Excerpt: ...s class and PAGA claims pending arbitration, and to compel Plaintiff's individual PAGA claims to be submitted to arbitration. UPCOMING EVENTS: Status Conference, August 16, 2023 FACTS/OVERVIEW: This is a putative wage-and-hour class and Private Attorneys General Act (“PAGA”) action. On May 26, 2020, Plaintiff Mackenzie Heyman, individually and on behalf of those similarly situated (“Plaintiff”) filed a Complaint (ROA 2) against Defendants...

Excerpt: ...edical, Inc. with Ferreira v. B. Braun Medical, Inc. for all purposes, and appointing Aegis Law Firm, PC as lead counsel. UPCOMING EVENTS: Status Conference, 11-15-23 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, ...

Excerpt: ...arbitration. UPCOMING EVENTS: Case Management Conference, October 25, 2023 FACTS/OVERVIEW: This is a putative wage-and-hour class action. On February 21, 2023, Plaintiff Yvonne Ramos, an individual, on behalf of herself and on behalf of all persons similarly situated (“Plaintiff”) filed a Complaint against Defendant E Mortgage Capital, Inc. (“Defendant”). (ROA 2). The Complaint alleges nine causes of action for: 1. Unfair Competition; 2. ...

Excerpt: ...ass representatives; and (3) appointing Labaton Sucharow LLP and Scott+Scott Attorneys at Law LLP as Class Counsel. UPCOMING EVENTS: Case Management Conference, August 17, 2023. FACTS/OVERVIEW: This is an action for declaratory and injunctive relief regarding the enforcement of arbitration agreements. On March 13, 2023, Plaintiff Epson America, Inc. (“Epson”) filed a Complaint, OCSC Case No. 2023-01313431, against Defendant Matt Adams and 2,1...

Excerpt: ...al papers were filed December 24, 2020. The initial Preliminary Approval hearing was held April 9, 2021. The Court had to continue the Preliminary Approval hearing three different times based on counsel's failure to address the issues identified by the Court and for counsel's failure to timely file supplemental papers. On September 27, 2022, after nearly two years of continuances, the Court granted the Motion for Preliminary Approval of the Class...

Excerpt: ...complaints and/or cross-complaints and barring all further claims against Coast Geotechnical, Inc. for equitable comparative contribution or partial or comparative indemnity based on comparative negligence, or comparative or total equitable indemnity. UPCOMING EVENTS: 1. Plaintiffs' Motion for Summary Judgment and/or Adjudication, September 1, 2023; 2. Pretrial Conference, December 14, 2023; and 3. Jury Trial, January 8, 2024. FACTS/OVERVIEW: Thi...

Excerpt: ...ants, and (2) certification of California Settlement-only Class. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative class action for violations of California's consumer protection laws. Plaintiffs allege that All-Clad Metalcrafters LLC (“All-Clad”) and Groupe SEB USA, Inc. (“T-Fal”) (collectively, “Defendants”) falsely advertised their products with express warranties. Defendants separately manufacture kitchen appliances, cookwa...

Excerpt: .... FACTS/OVERVIEW: The operative First Amended Complaint (“FAC”) was filed March 24, 2021, and contains eight causes of action, including individual and class wage-and-hour claims and a PAGA claim. (ROA 55). No party has filed a motion for arbitration. There is no discovery order or stipulation for discovery. ANALYSIS: The Court has been forced to continue this hearing twice due to non-compliant papers riddled with procedural errors. The first...

Excerpt: ...tment of Plaintiff as Class Representative for settlement purposes;(4) appointment of Class Counsel for settlement purposes; and (5) appointment of ILYM Group, Inc. as the Settlement Administrator. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On May 31, 2022, Plaintiff Nadia Estrada, individually and on behalf of other members of the general public similarly situated and on behalf of other aggrieve...

Excerpt: ... LLC; Cantamar SR V2 R23, LLC; and Defendants Portola Project, LLC and Southwind Development, LLC (collectively, the “Baldwin/Bone Parties”) Responding Party: Plaintiff Faith Devine (in her capacity as Successor Receiver) SERVICE: May 21, 2023, by electronic service. UPCOMING EVENTS: None RELIEF SOUGHT: The Baldwin/Bone Parties seek an order imposing terminating sanctions against Plaintiff Faith A. Devine and/or compelling compliance with thi...

Excerpt: ...ally and on behalf of all other similarly situated (“Plaintiff”), filed the original Complaint against Defendants CR&R Inc., Clifford Ronnenberg, Joyce Amato, and David Ronnenberg alleging nine (9) causes of action for (ROA 2): 1. Failure to Pay Overtime Wages; 2. Failure to Pay Minimum Wages; 3. Failure to Provide Meal Periods; 4. Failure to Provide Rest Periods; 5. Waiting Time Penalties; 6. Wage Statement Violations; 7. Failure to Timely P...

Excerpt: ... situated individuals, and himself, individually (“Plaintiff”), filed a Complaint against Defendant Ladera Lending, Inc. (“Defendant”). (ROA 2). The Complaint alleges the following eight causes of action: 1. Unlawful Wage 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 B...

Excerpt: ...es for an order granting it leave to intervene in this action. UPCOMING EVENTS: None FACTS/OVERVIEW: This was initially a putative class and PAGA wage-and-hour action filed on September 28, 2011, by Plaintiffs Christopher Levanoff, Alison Diaz, Andrew Gaxiola, and Jenna Steed, individually and on behalf of all similarly situated employees. The Complaint was filed against Defendants SoCal Wings LLC, The Dragas Group, and Matthew Dragas. (ROA 2). T...

Excerpt: ... UPCOMING EVENTS: Motion to Compel Answers to Form Interrogatories, July 21, 2023. FACTS/OVERVIEW: This is a putative wage-and-hour class action. On May 23, 2022, Plaintiff Britnee Campbell, individually and on behalf of other members of the general public similarly situated (“Plaintiff”), filed a Class Action Complaint for Restitution against Defendant Sunshine Behavioral Health LLC (“Defendant”). (ROA 2.) The Complaint only alleges a si...

Excerpt: ...herself and all others similarly situated (“Plaintiff”), filed a Complaint against Defendant Prudential Overall Supply (“Defendant”) alleging the following 10 causes of action: 1. Failure to Pay Overtime Wages; 2. Failure to Pay All Wages and Minimum Wages; 3. Failure to Provide Meal Periods; 4. Failure to Provide Rest Periods; 5. Failure to Timely Furnish Accurate Itemized Wage Statements and Failure to Maintain Accurate Records; 6. Fail...

Excerpt: ...arlos Martinez Banaga and Mostafa Gad as the Class Representatives; (4) appointment of Aegis Law Firm, PC as Class Counsel; (5) appointment of CPT Group as the Settlement Administrator and authorization of CPT Group to send class notice; and (6) setting hearing date for final approval. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. Plaintiffs Victor Ramirez and Mostafa Gad, as individuals and on beha...

Excerpt: ...er that Plaintiffs and their counsel, jointly and severally, pay 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. UPCOMING EVENTS: 1. Motions for Judgment on the Pleadings, and Joinder – hearing on August 16, 2023; 2. Status Conference – August 16, 2023 FACTS/OVERVIEW: This is a negligence and continuing nuisance a...

Excerpt: ... notice, February 3, 2023, by email and Federal Express. Amended notice, February 7, 2023, by email and U.S. Mail. RELIEF SOUGHT: Defendant moves for judgment on the pleadings on the entire Complaint on the grounds the Court lacks jurisdiction of the subject or the cause of action alleged and/or the Complaint does not state facts sufficient to constitute a cause of action. UPCOMING EVENTS: 1. Motion for Leave to File First Amended Complaint, to b...

Excerpt: ...f monetary sanctions against Plaintiff and his counsel. UPCOMING EVENTS: 1. Demurrer to the Complaint, to be heard concurrently on July 7, 2023; 2. Motion to Strike Portions of Complaint, to be heard concurrently on July 7, 2023. FACTS/OVERVIEW: This is a fraud, breach of contract, and financial elder abuse action. On April 15, 2022, Plaintiff Dennis Cooper (“Plaintiff”) filed a Complaint in Los Angeles Superior Court (Case No. 22LBCV00174) a...

Excerpt: ...vely, "Defendants”) who operate health clubs under the trade names “LA Fitness" and “Esporta Fitness.” The Defendants allegedly failed to pay rent and satisfy other monetary obligations to Plaintiffs under lease agreements for 57 separate facilities located in the following 18 states: (1) Arizona, (2) California, (3) Connecticut, (4) Florida, (5) Georgia, (6) Illinois, (7) Indiana, (8) Kentucky, (9) Maryland, (10) Minnesota, (11) New Jers...

Excerpt: ...to compel production, 8/25/2023; motion to seal, 9/1/2023 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 (“Company”) after he made a request to withdraw. On October 4, 2021, Knudsen filed the original Complaint against Defendants Company, Amrit Raj, and Steven J. Miller (collectively,...

Excerpt: ...HT: Plaintiff seeks preliminary approval of the Stipulation of Class and PAGA Action Settlement and Release UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class action. On February 28, 2022, Plaintiff Auxaviair Carter, individually, and on behalf of all others similarly situated (“Plaintiff”), filed the original Complaint against Defendant MedLab2020, Inc. (“Defendant”) alleging eight causes of action for: 1. Failu...

Excerpt: ...this action. Defendant further requests a stay of proceedings in this action, including all discovery proceedings, pending a decision on this Motion, pursuant to California Code of Civil Procedure section 1281.4. CONTENTIONS and ANALYSIS: Preliminarily, both the Federal Arbitration Act (“FAA”) and the California Arbitration Act (“CAA”) require the existence of a valid Arbitration Agreement, before arbitration can be compelled. (9 U.S.C. �...

Excerpt: ... Person Most Knowledgeable and Request for Production of Documents at Deposition one week prior to any rescheduled deposition of the PMK. UPCOMING EVENTS: None FACTS/OVERVIEW: On July 20, 2021, Plaintiff Sean Finnell (“Plaintiff”) filed a Complaint against Defendants Control Air Enterprises, LLC; Control Air Holdings, Inc.; and Todd Gavin alleging causes of action for: 1. Medical Condition Discrimination (Associational); 2. Failure to Engage ...

Excerpt: ...2022, ROA 164) contains individual wage/hour and PAGA claims, class wage/hour claims, and a representative PAGA claim. No party has filed a motion for arbitration. There is no discovery order or stipulation for staged discovery. ANALYSIS: On 12-09-22, the initial hearing on this motion, the Court identified numerous issues for counsel to address. (ROA 201.) Per the Court's Minute Order, counsel was to file supplemental papers addressing the issue...

Excerpt: ..., filed the operative First Amended Complaint (“FAC”) (ROA 121) in this putative wage and hour class and PAGA action on January 5, 2022. It was filed after the Motion for Preliminary Approval (ROA 100) to add a PAGA claim. In addition to the PAGA claim, the FAC alleges causes of action for: 1. Failure to Pay All Wages Owed, including Minimum Wages and Overtime; 2. Failure to Provide Meal Periods; 3. Failure to Provide Rest Periods; 4. Failure...

Excerpt: ...ividual and on behalf of other similarly situated employees ("Plaintiff”), filed a putative Class and PAGA Action Complaint against Defendant Statek Corporation (“Defendant”) alleging nine causes of action for: 1. Failure to Provide Minimum Wage; 2. Failure to Provide Overtime Wages; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Failure to Pay Timely Wages Upon Termination; 6. Failure to Provide and Maintain Accu...

Excerpt: ...rative Complaint against Defendant Roofing Standards, Inc. (“Defendant”) alleging nine 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 Provide Rest Breaks 5. Failure to Reimburse Necessary Business Expenses 6. Failure to Pay Wages Due at Separation of Employment 7. Failure to Provide Accurate Itemized Wage Statements 8. Unfair Competition 9. PAGA Penalties...

Excerpt: ...l claim under the California Private Attorneys General Act (“PAGA”) to binding arbitration and dismiss the remaining representative PAGA claim. RELATED CASES: 1. Raymundo Hernandez v. Resource Employment Solutions, LLC, et al., Case No. 2019- 01084740-CU-OE-CXC (filed July 19, 2019, in Dept. CXC101) 2. Villagomez v. Houdini, Inc., Case No. 2020-01140694-CU-OE-CXC 3. Houdini, Inc. v. Resource Employment Solutions, LLC, et al. (filed in private...

Excerpt: ...stay all other proceedings pending the outcome of arbitration. UPCOMING EVENTS: None. FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On March 25, 2021, Plaintiff Jermaine Swift, an individual and on behalf of all others similarly situated and/or aggrieved, filed the original Class and Representative Action Complaint (ROA 2) against Defendants Abilities OC, Rebekah Hayes, and Jaclyn Persson alleging 14 causes of action for...

Excerpt: ...orneys' General Act (PAGA) claim to binding arbitration in accordance with the parties' arbitration agreement. Defendant also seeks to dismiss the remaining class and representative PAGA claims UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On February 16, 2022, Plaintiff Federico Moncada, an individual, on behalf of himself and all others similarly situated (“Plaintiff”), filed his original Comp...

Excerpt: ...mended Complaint UPCOMING EVENTS: Two Motions for Judgment on the Pleadings, and Status Conference, 8/16/2023 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 and commercial development commonly referred to as the “Newport Bay...

Excerpt: ...is is the SECOND hearing on this motion. ANALYSIS: Per the Court's 02-24-23 Minute Order (ROA 408) Plaintiff was ordered to address the following issues: 1. The Complaint alleged there were approximately 100 aggrieved employees. (¶ 12.) Counsel now states there are 10. (Decl. ¶ 3.) What is the reason for this discrepancy? Additionally, as of what date were there 10? How many are there as of the date of this order? Counsel should consider adding...

Excerpt: .... (ROA 98.) The Court identified a number of issues for Plaintiff to address. (Id.) The second hearing was held 03-17-23. (ROA 126.) At that time, the Court pointed out the supplemental papers stated in conclusory fashion that all issues were resolved, but failed to provide any explanation or citation to parts of the settlement or other papers that showed resolution. This made for a needlessly time- intensive analysis. Counsel was ordered to, amo...

Excerpt: ...class 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 reflects a First Amended Comp...

Excerpt: ...ROA 46) contains individual and class/wage hour claims and PAGA claims. No party has filed a motion to compel arbitration. There is no discovery order or stipulation for discovery. This is the FOURTH hearing on this motion based on Plaintiff's failure to address issues identified by the Court. It was first heard on 03-04-22. (ROA 85.) It was heard again 05-13-22 (ROA 106) and again on 11-04-22 (ROA 124). ANALYSIS: The issues remaining per the Cou...

Excerpt: ...pproval of the distribution of the proposed class notice; (4) appointment of Plaintiffs as class representatives; (5) appointment of Jackson APC as class counsel; (6) appointment of ILYM Group, Inc. as the settlement administrator; and (7) the setting of a hearing date for final approval of the settlement. FACTS/OVERVIEW: The operative Second Amended Complaint (ROA 154) was filed January 10, 2023, pursuant to a stipulation after the parties reach...

Excerpt: ... provide further responses to Plaintiff's Form Interrogatories (Employment) – Set One. Plaintiff also seeks sanctions in the amount of $4,865.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees (“Plaintiff”) filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel (“Bengel”), and Edmund Coutan (“Coutan”) alleging the...

Excerpt: ...age and hour class and PAGA action. On May 26, 2020, Plaintiff Leann Lester, an individual and on behalf of all others similarly situated (“Plaintiff”) filed a Class and Representative Action Complaint against Defendant Wesco Group, Inc. dba Heroes & Legends Bar & Grill (“Defendant”). (ROA 2.) Defendant filed its Answer on September 28, 2020. (ROA 14.) The Complaint asserts the following causes of action: 1. Minimum Wage Violations; 2. Fa...

Excerpt: ...seeks: (1) preliminary approval of Class Action and PAGA Settlement; (2) provisional certification of the propose class for settlement purposes only; (3) appointment of Plaintiff as Class Representative and Frontier Law Center as Class Counsel; (4) preliminary finding that the settlement appears to be within the range of reasonableness; (5) approval of the Notice of Proposed Class Action Settlement for the Class Members and its distribution; (6) ...

Excerpt: ...ng party seeks to file redacted versions of the declarations of Plaintiff and Plaintiff's attorney. (ROA 16, 17.) The redacted information consists solely of the dollar amount of Plaintiff's individual settlement, i.e. $25,000. (See ROA 216 II 3, ROA 217 3.) Unredacted versions of the declarations were lodged with the Court. No notice of lodging was filed. BACKGROUND This action concerns the alleged oversized and misleading packaging of the "Pure...

Excerpt: ...eement to respond to Plaintiff's October 14, 2022 Requests for Production ("RFP") and produce responsive documents. Plaintiff also seeks sanctions in the amount of $3,385.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees ("Plaintiff") filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel ("Bengel"), and Edmund Coutan ("Coutan...

Excerpt: ...IEW: On May 20, 2021, Plaintiff Maria Gonzales, as an individual and on behalf of other similarly situated employees ("Plaintiff"), filed her original Class Action Complaint against Defendant Fisher Printing, Inc. ("Defendant") alleging causes of action 1. Failure to Provide Meal Breaks; 2. Failure to Provide Rest Periods; 3. Failure to Provide and Maintain Accurate Itemized Wage Statements and Maintain Records; 4. Failure to Pay for Necessary Ex...

Excerpt: ...tion. FACTS/OVERVIEW: on July 20, 2021, Plaintiff sean Finnell ("Finnell") filed a complaint against Defendants Control Air Enterprises, LLC; Control Air Holdings, Inc.; and Todd Gavin alleging causes of action for: . Medical Condition Discrimination (Associational); Failure to Engage in the Interactive Process; 2. Retaliation (FEHA); 3. Failure to Prevent Discrimination, Harassment, or Retaliation; 4. Violation of Labor Code S 1102.5; 5. Violati...

Excerpt: ... The FAC cannot be located in the ROA. Relatedly, no answer to an amended complaint can be located and the answer to the class complaint was not filed until 04-06-22. (ROA 122.) On 02-28-19, the Court dismissed the class claims, stayed Plaintiff's PAGA claim, and ordered Plaintiff's individual wage and hour claims to binding arbitration. (ROA 58, 59.) This matter was stayed from 02-28-19 to 03-11-22 pending the outcome of the arbitration. The par...

Excerpt: ...ustained Defendant's demurrer on March 18, 2022. (ROA 83.)). Judgment of Dismissal was entered in favor of Defendant County of Orange on 7/14/22 (ROA gg) based upon the Court sustaining the County's Demurrer on 3/21/22. FACTS/OVERVIEW: on September 22, 2021, Plaintiffs N. Papageorges, D. Groves, and A. J. Montrella (collectively, "Plaintiffs") filed a Class Action Complaint against Dana Point Harbor Partners, LLC and County of Orange alleging the...

Excerpt: ...without prejudice. On 12/13/22, Mr. Mahoney filed a "Notice of Renewed Motion and Renewed Motion For Preliminary Approval of Class Action Settlement" CROA 118], in which he filed the same papers which had been filed in connection with the sixth Hearing heard on 8/12/22, and in which Judge Sanders Denied the Motion [ROA 105] based upon those papers being defective with respect to the Court's prior Orders for correction and compliance with the Cour...

Excerpt: ...be filed no later than nine (g) court days prior to the continued hearing date. Redlined versions of all revised papers, showing all changes, deletions, and additions, must also be submitted electronically to the court. This hearing was continued on 01-27-23 so that counsel could address several outstanding issues. (ROA 93.) The Court has reviewed the supplemental papers and while several issues have been addressed, several significant issues rem...

Excerpt: ... 2021, which the Court granted on August 6, 2021, and sent Plaintiff's individual claims to arbitration. (ROA 150.) His PAGA claim and class action claims were stayed pending arbitration. (ld.) He remains the PAGA representative. There is no discovery order or stipulation for staged discovery. Proposed Class Representatives Brayden Humpherys and Jeremy Hatcher worked as "Direct Sellers" and were classified as independent contractors. They seek to...

Excerpt: ... the Class Action Settlement (ROA 27) on the Fourth attempt. The proposed settlement included the following characteristics: • Gross settlement amount of $525,000 Attorney Fees: $175,000 (1/3) Litigation costs: $20,000 (NTE) • Plaintiff's Enhancement: NTE $5,000 (reduced from $15,750 per Amd. No. 1) Admin. costs: $8,000 (NTE) • Class size: 213 In the Order, the Court specifically stated that the Motion for Final Approval "shall" be filed by...

Excerpt: ...the preliminary approval hearing. First, Defendant has failed to demonstrate “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte” pursuant to the requirements of California Rule of Court 3.1202(c). At best, Defendant argues that the Administrator's mailing of the Notice of Pendency of Class Action and Proposed Settlement and Notice of Individual Settlement Award will be late according to the terms of...

Excerpt: ...fendants Dana Point Harbor Partners, LLC (“DPHP”) and County of Orange. The Complaint asserts the following claims: 1. Injunctive Relief; 2. Breach of Master Ground Lease and Breach of Slip License Agreements; 3. Unfair Business Practices; 4. Constructive Eviction; and 5. Declaratory Relief Within this action, Plaintiffs challenge a slip fee increase in the Dana Point Harbor, which Defendant DPHP noticed on June 21, 2021. (¶ 29 Complaint). P...

Excerpt: ...-21 by plaintiff Lupe Saenz against defendants Mesa Verde Convalescent Hospital, Inc. dba Mesa Verde Post Acute Care Center [“Mesa Verde”], Rockport Administrative Services, LLC [“Rockport”], and Gabriel Shelton, for: (1) financial elder abuse (Welfare & Institutions Code §15600, et. seq.); (2) conversion; (3) breach of fiduciary duty; (4) negligence / negligent hiring, supervision, retention; (5) failure to safeguard patient property (H...

Excerpt: ...date, to determine why the following nonmonetary sanctions should not be imposed: (1) issue sanctions ruling that all claims in the FAC be ruled in Plaintiff's favor, forbidding Defendant from contesting those claims; or (2) terminating sanctions in the form of striking the Defendants' Answer to the Complaint. Merits The motion is unopposed. Defendant's responses are identical, objection-only boilerplate and no substantive information at all has ...

Excerpt: ...Mahoney's Third Supplemental Declaration, he purports to provide redlined versions of the revised Notice and Fourth Amended Stipulation of Settlement. Those documents do not, however, contain any redlining. Counsel's declaration also does not summarize or otherwise indicate what changes were made. The court would have to engage in its own side by side comparison of the current and prior versions of the documents to locate changes. As counsel has ...

Excerpt: ...h Amended Complaint ("4AC") alleges that fraudulent loans were taken out by Ronald Touchard and involved two properties owned by plaintiff Gainquick—referred to as the Pinehurst and Ferrand Properties. A Deed of Trust dated August 30, 2016 was recorded against the Pinehurst Property as Instrument No. 2016000423772 (the "Pinehurst DOT"). (4AC 43.) The Pinehurst DOT purports to secure the Pinehurst Property as collateral for a purported $2,650,00...

Excerpt: ... Defendants allegedly failed to pay rent and to satisfy other monetary obligations under lease agreements for facilities in (1) Arizona, (2) California, (3)Connecticut, (4) Florida, (5) Georgia, (6) Illinois, (7) Indiana, (8) Kentucky, (g) Maryland, (10) Minnesota, (11) New Jersey, (12) New York, (13) North Carolina, (14) Ohio, (15) Pennsylvania, (16) Tennessee, (17) Texas and (18) Washington. On 08-02-22. the Court sustained a demurrer to the Co...

Excerpt: ...2 and added a ninth COA under PAGA. (ROA 46.) There is no discovery stipulation or order for staged discovery. RELIEF SOUGHT: Defendants seek an order compelling this matter to arbitration, striking the class allegations, dismissing (or staying) Plaintiff's class claims until the completion of individual arbitration, and dismissing Plaintiff's non-individual PAGA claims. Defendants' Request for Judicial Notice The Court declines to rule as the do...

Excerpt: ...d, pending the outcome of arbitration. (ROA 35.) FACTS/OVERVIEW: On 05-11-22, Plaintiff filed this putative class action asserting causes of action for (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums); (3) violation of Labor Code section 226.7 (unpaid rest period premiums); (4) violation of Labor Code sections 1194, 1197, and 1197.1 (unpaid min...

Excerpt: ..."New West"), foundation sub J.R. Riesberg Construction, Inc. ("Riesberg"), concrete subdrainage sub Spectrum Concrete, Inc. ("Spectrum"), landscaping sub Curran and Associates ("Curran"), utilities sub Mike Kilbride, Ltd. ("Kilbride"), and geotechnical engineer Coast Geotechnical, Inc. ("Coast"). The two Plaintiffs and eight defendants remained the primary parties until August 2021. On August 25, 2021, New West filed "Doe" amendments to its indem...

Excerpt: ...rofessional (Bus Aide). This matter was first heard on 10-21-22 and was continued so that counsel could address several issues identified by the Court. (ROA 98.) RULING: The hearing on this motion is continued to June 16, 2023 at 1:30 p.m. in Department CX103 so that Plaintiffs may address the issues identified below. Counsel must file supplemental papers addressing the Court's concerns (not fully revised papers that would have to be reread) no l...

Excerpt: ...eponderance of the evidence that: (1) the parties entered into a written agreement to arbitrate; (2) one or more of the claims at issue are covered by that agreement; and (3) the responding party refused a prior demand for arbitration under the agreement of the claims at issue. (Code Civ. Proc., 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to pr...

Excerpt: ...ly if it expressly finds facts that establish certain enumerated factors. (CRC 2.550(d).) Included among these findings is the existence of an overriding interest that overcomes the public right to access and a substantial probability that interest will be prejudiced by exposure. (CRC 2.550(d)). An order granting a motion to seal must include the specific facts, which support these findings. (CRC 2.550(e)). A Motion to Seal "must be accompanied b...

Excerpt: ...the resumed trial dates in October 2022; and (2) Error in law, occurring at the trial based on the granting of Defendants' Motion in Limine Number 2, to [preclude] Daniel Martinez from testifying. FACTUAL BACKGROUND This is a construction defect matter arising out of the sale of a residence in Laguna Beach, CA (the “Property”). The action was initiated on 03-10-17 and the operative complaint is the Second Amended Complaint. Plaintiff alleges ...

Excerpt: ...ant answered on 08-30-21. The FAC (ROA 13) was first filed 09-28-21. It was rejected by the clerk's office because it was filed after the answer. (ROA 14.) The Court ordered the FAC (ROA 13) stricken on 07-26-22 (ROA 58). Plaintiff filed the FAC the same day. (ROA 61.) A demurrer was recently withdrawn by Defendant upon realizing the FAC was not the operative complaint. This hearing was scheduled for 02-03-23 and a tentative ruling denied the mot...

Excerpt: ...agnostics, LLC, John Kang, and Ricardo Salas (“Defendants”) REQUEST: Plaintiffs seek orders compelling Defendants to produce for deposition, and for monetary sanctions, Defendants (1) Inspire Diagnostics, LLC's Person Most Knowledgeable ($4,827.40), (2) John Kang ($4,680.35), and (3) Ricardo Salas ($3,810). Monetary sanctions are sought against Defendant Inspire Diagnostics, LLC and its attorney of record, Douglas R. MacLeith at Rogers, MacLe...

Excerpt: ...fornia” RESOLVED. (¶ 4.) ISSUE: the applicant fails to state he “is not regularly engaged in substantial business, professional, or other activities in California.” RESOLVED. (¶ 5.) RULING: Defendant Dealer Loyalty Protection, Inc.'s Application by Jason S. Nunnermacker for approval to appear Pro Hac Vice is GRANTED. The supplemental declaration has addressed the deficiencies identified by the Court (ROA 82) and the application now compli...

Excerpt: ...ctionally has a headless class (plaintiff Barrios is no longer in communication with his counsel). The court previously stayed this action pending the hearing on the Motion to Compel Arbitration, except as to Plaintiff's Motion for an Order that Notice be Sent to All Potential Class Members to Locate a Suitable Class Representative. (ROA 81). On 1/10/22, the court granted an order allowing Plaintiff's counsel, through a third party administrator,...

Excerpt: ...nation in violation of public policy. The operative complaint is the FAC, filed 01-14-20, which asserts the following nine causes of action: 1. Labor Code § 1102.5 Retaliation; 2. Labor Code § 98.6 Retaliation; 3. 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 Code § 226.7 6. Unpaid Wages and Failur...

Excerpt: ...tion filed on 02-16-21 against Defendant Gold Coast Bakeries, LLC. The present action is a wage and hour class action filed 01-31-22 against Defendant Gold Coast Baking Company, Inc. While Defense Counsel filed a Declaration correcting a prior error in the original Motion regarding the name of the Defendant in the Gonzalez Action (Declaration of Omar M. Aniff In Support of Defendant's Reply To Opposition To Motion To Stay, filed 2/16/23), paragra...

Excerpt: ...0048300), “The HCR Action” (OCSC Case 2017- 00929218), and “The Devine Action” (OCSC Case 2017- 00936368). The HCR Action and the Devine Action are complex cases that involve two separate Plaintiffs (HCR Moorpark Investors, LLC and Faith Devine) who are suing real estate developer brothers, Alfred Baldwin and James Baldwin, and a host of affiliated entities and individuals. The HCR and Devine Actions involve a long and convoluted sequence...

Excerpt: ... FACTS/OVERVIEW: This is a consolidated action involving two cases. The operative pleading captioned Gainquick v. JTH Holdings is the verified 4AC (ROA 2057), which alleges: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) negligence; and (5) aiding and abetting slander of title. The operative pleading captioned Gainquick v. Val-Chris is also a verified 4AC (ROA 399), which alleges the same cause of action concerning dif...

Excerpt: ...th Law Firm, Inc. (2022) 73 Cal.App.5th 764, 773.) This is precisely what the City has done here. Contrary to plaintiffs Santa Ana Police Officers Association and Gerry Serrano's (together, “plaintiffs”) contentions, California Rule of Court 3.1700 has no application here. Rule 3.1700 provides a 15-day deadline for a memorandum of costs following the entry of judgment. This action remains pending between plaintiffs and the City; no judgment b...

Excerpt: ...D as to Paragraph 4, lines 18-19, and Paragraph 5, lines 22-26 in that Ms. McDonald has laid no foundation to enable her to state that it is Plaintiff's signature that is on the stated documents. Defendant's Objections to Plaintiff's statements are OVERRULED as these statements go to Plaintiff's state of mind. Guzman's Testimony Guzman is Defendant's Executive Director of its facility called “Arbor Place” and interim Executive Director of its...

Excerpt: ...aused the landslide. Phase 1 (liability) is set for trial 06-05-23. MP: Cross-Defendant/Cross-Complainant Flatiron West, Inc. REQUEST: Exclusion or limitation of testimony by JL Kids' retained expert, Glen Tofani, to cure the prejudice that has resulted from JL Kids' failure to comply with the Court's order to timely exchange expert witness reports. The Motion is joined by Defendants/Cross-Defendants/Cross-Complainants Orange County Transportatio...

Excerpt: ...1) the drafting or the terms of the Environmental Indemnification Agreement and (2) the costs/payments related to or submitted/made under the Environmental Indemnification Agreement. FACTS/OVERVIEW: Relevant here, the parties agreed not to prepare privilege logs regarding attorney-client communications, but now FFIC wants a privilege log. The back and forth correspondence has been fruitless. RULING: Defendant Fireman's Fund Insurance Company's Mo...

Excerpt: ...wages upon termination, wages statements, accurate records, reimbursement, § 17200, and PAGA. On 07-26-19, the Court granted Defendant Volt Management Corp's and Defendant Pegatron Technology Service Inc.'s separate motions to compel arbitration and stayed Plaintiff's PAGA claims pending the outcome of the arbitration. Relevant here, the Court found the parties entered into a binding and enforceable arbitration agreement, the FAA governs the agr...

Excerpt: ...be stayed pending completion of the arbitration and pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case No. S274671. As an initial matter, Defendants assert the motion is unopposed due to Plaintiff's defective service of the opposition. Defendants assert prejudice in that they were permitted less than the statutory time to prepare their Reply. Given Defendants' Reply on the merits, the Court will treat this ...

Excerpt: ...to permit inspection of records, and violations of the UCL. No party filed a motion to compel arbitration. There is no order for staged discovery or a discovery stipulation. RULING: Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns: 1. Are there any other class or other representative action in any other court (state or federal) that asserts claims similar to t...

Excerpt: ...tion of the Court's July 12, 2022 Order and the October 1, 2021 Preliminary Injunction Order. FACTS/OVERVIEW: This is a trade secret misappropriation case. The operative complaint is the Fourth Amended Complaint, in which Plaintiff asserts the following causes of action: (1) Conversion; (2) Interference with Prospective Economic Advantage; (3) Unfair Competition; (4) Breach of Fiduciary Duty; (5) Breach of Non-Disclosure Agreement; (6) Breach of ...

Excerpt: ...ourt's Order and provide the requested electronic equipment to Plaintiff's counsel within forty-five days of this Court's Order. Additionally, the Court grants sanctions against Defendant Medolac only. However, the award is reduced. Over twenty-seven hours for a 12-page discovery motion (absent the notice and tables) with no separate statement is far too high for a senior attorney. Further, “future” attorney's fees are not available under the...

Excerpt: ...281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Me...

Excerpt: ...lacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Defendant has its initial burden under CRC 3.1330 to prove the existence of an agreement to arbitrate. Defendant presents evidence that Plaintiff signed a “Mutual Mediation an...

Excerpt: ...�) to go forward on December 21, 2022. (ROA 451.) Per representations in the Reply brief, the deposition went forward as scheduled. (ROA 542, Reply, p. 3:4-5.) The Court therefore denies the motion to compel the deposition of EB11's PMQ on the grounds that it is moot. Plaintiffs' Reply consists of pointing out the alleged faults and errors in Dr. Tooma's deposition. As Dr. Tooma has already appeared for deposition, Plaintiffs must file a differen...

Excerpt: ...ent of the claims at issue. (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Plaintiff contends the Agreement is unconscionable. For an arbitration agreement to be unenforceable, it must be both...

Excerpt: ...� 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) For an arbitration agreement to be unenforceable, it must be both procedurally and substantively unconscionable. (A&M Produce Co. v. FMC Corp. (1982) 135 Cal. App. ...