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

Excerpt: ...iolation of PAGA for Failure to Provide Meal Periods; 2. Violation of PAGA for Failure to Provide Rest Periods; 3. Violation of PAGA for Failure to Pay Minimum Wages; 4. Violation of PAGA for Failure to Pay Overtime Wages; 5. Violation of PAGA for Failure to Provide Accurate Itemized Wage Statements; and 6. Violation of PAGA for Failure to Timely Pay Wages at Separation Plaintiff alleges she was employed as a non-exempt worker for Defendant, a no...

Excerpt: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., 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: ...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...