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