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...