Excerpt: ...rbitrate her individual claims and to stay prosecution of the class claims pending the result of that arbitration. On 12‐ 1‐11 and 2‐2‐12, the trial court granted the motion to arbitrate as to all claims except for the claims for injunctive relief under B&P Code sections 17200 (unfair competition) and 17500 (false advertising) and Civil Code section 1750 (consumer legal remedies), and stayed those three claims pending the result of the ar...

Excerpt: ...ns listed below. Page 5 of 6 Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provides that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ ...

Excerpt: ...no more than one month's dues of $10.  Are all memberships terminable without penalty with one month's notice or less?  If so, was that true during the entire class period? 2. The Court had asked whether any evidence supported the plaintiff's assertion that: “Defendant does not possess sufficient assets to pay an award of statutory damages exceeding [$750,000]. Accordingly, there is a 100 percent probability that the defendant could not p...

Excerpt: ...correct, how does that affect the estimated value of the claims to be released by the plaintiff? 2. The order continuing this hearing to April 27 stated: “The declaration of counsel states that the defendant produced pay records for other relief sales representatives. How many did the defendant produce? What percentage is that of the total number of such representatives? Do any of those records indicate that there are any other such representat...

Excerpt: ...plain: a. Why Mr. & Mrs. Oliver are named as plaintiffs in both cases. They were amended into the Wilder complaint on 1‐5‐18 but then filed their own action 19 days later on 1‐24‐18. Page 3 of 4 b. Why the consolidated complaint has not been served on the defendant. c. The plaintiffs' reference to “likely up to thirty or more subcontractors” (mtn., p. 2, l. 7), given that the developer has answered without filing any cross‐complaint...

Excerpt: ...he action as to that defendant. That same ruling applies in Randall v. William Lyon Homes, Inc. RIC1709214 and Escott v. William Lyon Homes, Inc. RIC1515142. Analysis: The plaintiff represents that a global settlement has been reached in this case and in four other related cases. The defendant agrees. However, the defendant asks the Court to proceed with a ruling on the motion to compel arbitration because the parties had previously stipulated th...

Excerpt: ...Ruiz DeLeon v. Estate of Vides (BC660530); and other cases as yet not received from Los Angeles County Superior Court. Into that same master file, the State seeks to consolidate three additional cases:  Hernandez v. Guilford (RIC1714082);  Car v. Guilford (RIC1714086); and  Alvarez v. USA Holiday (PSC1801449). Page 3 of 3 The State has failed to comply with the rules governing motions for consolidation in at least two respects. First, th...

Excerpt: ...37. However, the plaintiff has now submitted a “second corrected proposed” order, which re‐inserts language to the effect that the participating class members are bound by sections 5.01, 5.02, and 5.05 of the agreement. Unless the Agreement has been modified since the version attached to the declaration of Benowitz filed 3‐7‐18, section 5.02 requires the class members to covenant not to sue the defendants. (Pg. 22, ll. 3‐4.) As pointe...

Excerpt: ... do not expect to be ready by that date, when would plaintiffs estimate that plaintiffs would be ready for trial? 4. Regarding the defendant's desire to move for a judgment on the pleadings based on the judgment in the Herpel case: a. Are the plaintiffs in this case in privity with the plaintiffs in Herpel, even though no class was every certified in Herpel? b. Do all of the plaintiffs in this action hold leasehold interests in the trust lands of...

Excerpt: ...otion to include a copy of the proposed complaint in intervention. (§ 387, subd. (c).) Although the moving (and opposing) papers are voluminous, it does not appear that they include a copy of the proposed complaint in intervention. ...

Excerpt: ..., memorandum of points and authorities, and exhibits filed on 1‐5‐18;  The defendant's opposition to the motion, and attached exhibits and transcripts, filed 1‐29‐18;  The declaration on behalf of defendant regarding the timeliness of that opposition, filed 1‐30‐18;  The plaintiff's reply, filed 2‐5‐18;  The declaration on behalf of plaintiff, filed 2‐9‐18;  The declaration of Sherise Histen filed 3‐ 12‐18. ...

Excerpt: ...ian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386‐387.) The reasoning of the Court of Appeal is the same: “[A] defendant cannot rely on a predispute waiver by a private employee to compel arbitration in a PAGA case, which is brought on behalf of the state.” (Betancourt v. Prudential Overall Supply (4th Dist., div. 2, 2017) 9 Cal.App.5th 439, 445, emphasis added.) The MAP was not signed by the State and is therefore irrel...

Excerpt: ...r class member). He implies, but does not expressly state, that any settlement larger than $750,000 would not survive constitutional scrutiny. Page 2 of 3 a. Does the plaintiff contend that this is the largest award that could pass constitutional scrutiny? b. If so, why do you believe that this is the maximum? c. If not, what is the maximum, and why? 2. The plaintiff asserts: “Defendant does not possess sufficient assets to pay an award of stat...

Excerpt: ...tion as the City's PMQ on a mutually agreeable date no later than April 30, 2018. If the City chooses to produce only Mr. Smith, he shall come prepared with all information reasonably available to him on the topics in the deposition notice to which the defendant did not object. The City shall pay to plaintiffs monetary sanctions in the sum of $3,290. In addition, the City shall bear the cost of court reporter and videographer for the renewed PMQ ...

Excerpt: ...raneous time records, does not indicate whether such records were kept, and does not offer any explanation of why those records were not kept. Alternatively, it does not offer a detailed description of the date, nature, and time incurred to perform legal services. b. It does not comply with section H.3.b. 2. The declaration of Beaman does not comply with the CMO#2. a. It does not comply with section H.3.a. Although she admits to having such time ...

Excerpt: ...efendant. Analysis: The plaintiffs do not dispute the existence or enforceability of the arbitration provision. Instead, they ask the Court to exercise its discretion to “refuse to enforce the arbitration agreement” when “a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party,” that other action arises out of the same transaction or series of related transactions as does...

Excerpt: ...¶ 5.b. of counsel's declaration does not explain the number of weeks during which the plaintiff was allegedly deprived of breaks. ¶ 5.c. does not explain the number of months in which she used her car. ¶ 5.d. does not explain the calculation of the value of that claim at all. 2. The declaration of counsel does not address E.5.a.(ii). 3. The declaration of counsel states that the defendant produced pay records for other relief sales representat...

Excerpt: ...ty to meet and confer with the opposing party before filing a motion for judgment on the pleadings. Page 2 of 2 This Court's CMO entered on February 28, 2018 requires the moving party to “strictly comply” with CCP § 439. (CMO, § B, ¶ 6.a.) The CMO further requires that declaration by the moving party describe the meet and confer efforts, including the date of the meeting, whether it was in person or by telephone, the persons involved, and ...

Excerpt: ... irrelevant to the Court's analysis. The plaintiff alleges that the defendant violated Labor Code section 2802 by failing to reimburse travel expenses incurred for “pre‐employment drug testing and physical examination . . . .” Subdivision (a) of that section requires an employer to “indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, o...

Excerpt: ...continue the case management in this case, currently scheduled for 5‐9‐18, to 5‐10‐ 18, to coincide with the trial setting conference in the Garcia case. Any party wishing to oppose that order should appear on 3‐29‐18. Analysis: The demurrer is overruled because it does not dispose of the entire cause of action alleged. “No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing re...

Excerpt: ...r. Thereafter, the demurring party must file a declaration demonstrating compliance with those provisions by describing “the means by which” the parties met and conferred. (§ 430.41, subd. (a)(3)(A).) The declaration of Wasser – which is identical for all three demurrers – does not describe the means by which she met and conferred with opposing counsel, or otherwise demonstrate compliance with the “in person or by telephone” requirem...

Excerpt: ...nc., dba Paragon Schmid Building Products. Analysis: The arbitration provision in the contract between K. Hovnanian and BSG provides that the only disputes that must be arbitrated are disputes that arise “out of this Master Subcontract . . . , including disputes involving claims made by homebuyers, . . . which involve[] a matter with economic value in excess of the jurisdictional limit of a small claims court….” (See Exh. S to decl. of Josh...

Excerpt: ...473, subdivision (b) [6 months], subdivision (d) (2 years), or section 473.5 [2 years]. ...

Excerpt: ...oration. If true, how can that entity have a current address, as represented in the motion? And why should the Court believe that a dissolved corporation has an account manager, as claimed in the proof of service? The declaration and the proposed order both state that the case is stayed. That is true as to the prosecution of the case against Skypatrol, LLC, in light of the bankruptcy petition filed by Skypatrol in December of 2017. What is the ba...

Excerpt: ...e entered shortly. Analysis: On 1‐4‐18, the Court continued the hearing on the motion to allow the parties the opportunity to address a variety of questions and concerns posed by the Court in its tentative ruling. The supplemental documents submitted address some but not all of those concerns. To pick just some of the examples of concerns that are not resolved by the supplemental documents: 1. The Court informed the parties that it would not ...