Excerpt: ... provide further responses to Plaintiff's Form Interrogatories (Employment) – Set One. Plaintiff also seeks sanctions in the amount of $4,865.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees (“Plaintiff”) filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel (“Bengel”), and Edmund Coutan (“Coutan”) alleging the...

Excerpt: ...seeks: (1) preliminary approval of Class Action and PAGA Settlement; (2) provisional certification of the propose class for settlement purposes only; (3) appointment of Plaintiff as Class Representative and Frontier Law Center as Class Counsel; (4) preliminary finding that the settlement appears to be within the range of reasonableness; (5) approval of the Notice of Proposed Class Action Settlement for the Class Members and its distribution; (6) ...

Excerpt: ...age and hour class and PAGA action. On May 26, 2020, Plaintiff Leann Lester, an individual and on behalf of all others similarly situated (“Plaintiff”) filed a Class and Representative Action Complaint against Defendant Wesco Group, Inc. dba Heroes & Legends Bar & Grill (“Defendant”). (ROA 2.) Defendant filed its Answer on September 28, 2020. (ROA 14.) The Complaint asserts the following causes of action: 1. Minimum Wage Violations; 2. Fa...

Excerpt: ...pproval of the distribution of the proposed class notice; (4) appointment of Plaintiffs as class representatives; (5) appointment of Jackson APC as class counsel; (6) appointment of ILYM Group, Inc. as the settlement administrator; and (7) the setting of a hearing date for final approval of the settlement. FACTS/OVERVIEW: The operative Second Amended Complaint (ROA 154) was filed January 10, 2023, pursuant to a stipulation after the parties reach...

Excerpt: ...ng party seeks to file redacted versions of the declarations of Plaintiff and Plaintiff's attorney. (ROA 16, 17.) The redacted information consists solely of the dollar amount of Plaintiff's individual settlement, i.e. $25,000. (See ROA 216 II 3, ROA 217 3.) Unredacted versions of the declarations were lodged with the Court. No notice of lodging was filed. BACKGROUND This action concerns the alleged oversized and misleading packaging of the "Pure...

Excerpt: ...eement to respond to Plaintiff's October 14, 2022 Requests for Production ("RFP") and produce responsive documents. Plaintiff also seeks sanctions in the amount of $3,385.00. FACTS/OVERVIEW: On July 15, 2022, Plaintiff William Watson, individually and on behalf of all similarly situated aggrieved employees ("Plaintiff") filed a Class Action Complaint against Defendants Pacific Green Energy, LLC, David Bengel ("Bengel"), and Edmund Coutan ("Coutan...

Excerpt: ...IEW: On May 20, 2021, Plaintiff Maria Gonzales, as an individual and on behalf of other similarly situated employees ("Plaintiff"), filed her original Class Action Complaint against Defendant Fisher Printing, Inc. ("Defendant") alleging causes of action 1. Failure to Provide Meal Breaks; 2. Failure to Provide Rest Periods; 3. Failure to Provide and Maintain Accurate Itemized Wage Statements and Maintain Records; 4. Failure to Pay for Necessary Ex...

Excerpt: ...tion. FACTS/OVERVIEW: on July 20, 2021, Plaintiff sean Finnell ("Finnell") filed a complaint against Defendants Control Air Enterprises, LLC; Control Air Holdings, Inc.; and Todd Gavin alleging causes of action for: . Medical Condition Discrimination (Associational); Failure to Engage in the Interactive Process; 2. Retaliation (FEHA); 3. Failure to Prevent Discrimination, Harassment, or Retaliation; 4. Violation of Labor Code S 1102.5; 5. Violati...

Excerpt: ... The FAC cannot be located in the ROA. Relatedly, no answer to an amended complaint can be located and the answer to the class complaint was not filed until 04-06-22. (ROA 122.) On 02-28-19, the Court dismissed the class claims, stayed Plaintiff's PAGA claim, and ordered Plaintiff's individual wage and hour claims to binding arbitration. (ROA 58, 59.) This matter was stayed from 02-28-19 to 03-11-22 pending the outcome of the arbitration. The par...

Excerpt: ...ustained Defendant's demurrer on March 18, 2022. (ROA 83.)). Judgment of Dismissal was entered in favor of Defendant County of Orange on 7/14/22 (ROA gg) based upon the Court sustaining the County's Demurrer on 3/21/22. FACTS/OVERVIEW: on September 22, 2021, Plaintiffs N. Papageorges, D. Groves, and A. J. Montrella (collectively, "Plaintiffs") filed a Class Action Complaint against Dana Point Harbor Partners, LLC and County of Orange alleging the...

Excerpt: ...without prejudice. On 12/13/22, Mr. Mahoney filed a "Notice of Renewed Motion and Renewed Motion For Preliminary Approval of Class Action Settlement" CROA 118], in which he filed the same papers which had been filed in connection with the sixth Hearing heard on 8/12/22, and in which Judge Sanders Denied the Motion [ROA 105] based upon those papers being defective with respect to the Court's prior Orders for correction and compliance with the Cour...

Excerpt: ... 2021, which the Court granted on August 6, 2021, and sent Plaintiff's individual claims to arbitration. (ROA 150.) His PAGA claim and class action claims were stayed pending arbitration. (ld.) He remains the PAGA representative. There is no discovery order or stipulation for staged discovery. Proposed Class Representatives Brayden Humpherys and Jeremy Hatcher worked as "Direct Sellers" and were classified as independent contractors. They seek to...

Excerpt: ...be filed no later than nine (g) court days prior to the continued hearing date. Redlined versions of all revised papers, showing all changes, deletions, and additions, must also be submitted electronically to the court. This hearing was continued on 01-27-23 so that counsel could address several outstanding issues. (ROA 93.) The Court has reviewed the supplemental papers and while several issues have been addressed, several significant issues rem...

Excerpt: ... the Class Action Settlement (ROA 27) on the Fourth attempt. The proposed settlement included the following characteristics: • Gross settlement amount of $525,000 Attorney Fees: $175,000 (1/3) Litigation costs: $20,000 (NTE) • Plaintiff's Enhancement: NTE $5,000 (reduced from $15,750 per Amd. No. 1) Admin. costs: $8,000 (NTE) • Class size: 213 In the Order, the Court specifically stated that the Motion for Final Approval "shall" be filed by...

Excerpt: ...the preliminary approval hearing. First, Defendant has failed to demonstrate “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte” pursuant to the requirements of California Rule of Court 3.1202(c). At best, Defendant argues that the Administrator's mailing of the Notice of Pendency of Class Action and Proposed Settlement and Notice of Individual Settlement Award will be late according to the terms of...

Excerpt: ...fendants Dana Point Harbor Partners, LLC (“DPHP”) and County of Orange. The Complaint asserts the following claims: 1. Injunctive Relief; 2. Breach of Master Ground Lease and Breach of Slip License Agreements; 3. Unfair Business Practices; 4. Constructive Eviction; and 5. Declaratory Relief Within this action, Plaintiffs challenge a slip fee increase in the Dana Point Harbor, which Defendant DPHP noticed on June 21, 2021. (¶ 29 Complaint). P...

Excerpt: ...-21 by plaintiff Lupe Saenz against defendants Mesa Verde Convalescent Hospital, Inc. dba Mesa Verde Post Acute Care Center [“Mesa Verde”], Rockport Administrative Services, LLC [“Rockport”], and Gabriel Shelton, for: (1) financial elder abuse (Welfare & Institutions Code §15600, et. seq.); (2) conversion; (3) breach of fiduciary duty; (4) negligence / negligent hiring, supervision, retention; (5) failure to safeguard patient property (H...

Excerpt: ...date, to determine why the following nonmonetary sanctions should not be imposed: (1) issue sanctions ruling that all claims in the FAC be ruled in Plaintiff's favor, forbidding Defendant from contesting those claims; or (2) terminating sanctions in the form of striking the Defendants' Answer to the Complaint. Merits The motion is unopposed. Defendant's responses are identical, objection-only boilerplate and no substantive information at all has ...

Excerpt: ...Mahoney's Third Supplemental Declaration, he purports to provide redlined versions of the revised Notice and Fourth Amended Stipulation of Settlement. Those documents do not, however, contain any redlining. Counsel's declaration also does not summarize or otherwise indicate what changes were made. The court would have to engage in its own side by side comparison of the current and prior versions of the documents to locate changes. As counsel has ...

Excerpt: ...h Amended Complaint ("4AC") alleges that fraudulent loans were taken out by Ronald Touchard and involved two properties owned by plaintiff Gainquick—referred to as the Pinehurst and Ferrand Properties. A Deed of Trust dated August 30, 2016 was recorded against the Pinehurst Property as Instrument No. 2016000423772 (the "Pinehurst DOT"). (4AC 43.) The Pinehurst DOT purports to secure the Pinehurst Property as collateral for a purported $2,650,00...

Excerpt: ... Defendants allegedly failed to pay rent and to satisfy other monetary obligations under lease agreements for facilities in (1) Arizona, (2) California, (3)Connecticut, (4) Florida, (5) Georgia, (6) Illinois, (7) Indiana, (8) Kentucky, (g) Maryland, (10) Minnesota, (11) New Jersey, (12) New York, (13) North Carolina, (14) Ohio, (15) Pennsylvania, (16) Tennessee, (17) Texas and (18) Washington. On 08-02-22. the Court sustained a demurrer to the Co...

Excerpt: ...2 and added a ninth COA under PAGA. (ROA 46.) There is no discovery stipulation or order for staged discovery. RELIEF SOUGHT: Defendants seek an order compelling this matter to arbitration, striking the class allegations, dismissing (or staying) Plaintiff's class claims until the completion of individual arbitration, and dismissing Plaintiff's non-individual PAGA claims. Defendants' Request for Judicial Notice The Court declines to rule as the do...

Excerpt: ...d, pending the outcome of arbitration. (ROA 35.) FACTS/OVERVIEW: On 05-11-22, Plaintiff filed this putative class action asserting causes of action for (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums); (3) violation of Labor Code section 226.7 (unpaid rest period premiums); (4) violation of Labor Code sections 1194, 1197, and 1197.1 (unpaid min...

Excerpt: ...ly if it expressly finds facts that establish certain enumerated factors. (CRC 2.550(d).) Included among these findings is the existence of an overriding interest that overcomes the public right to access and a substantial probability that interest will be prejudiced by exposure. (CRC 2.550(d)). An order granting a motion to seal must include the specific facts, which support these findings. (CRC 2.550(e)). A Motion to Seal "must be accompanied b...

Excerpt: ...eponderance of the evidence that: (1) the parties entered into a written agreement to arbitrate; (2) one or more of the claims at issue are covered by that agreement; and (3) the responding party refused a prior demand for arbitration under the agreement of the claims at issue. (Code Civ. Proc., 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to pr...