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