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