Excerpt: ... 6465 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php Tentative Ruling: Service of...

Excerpt: ...eeting Number: 161 766 6465 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐ appearances.php Tenta...

Excerpt: ...om Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐ appearances.php. Tentative Ruling: ...

Excerpt: ...82 8254 Please state call in number as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/P...

Excerpt: ... 782 8254 Please state call in number as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov...

Excerpt: ...peak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php Tentative Ruling: The Court grants Plaintiff's motion to set aside the $250.00 sanction imposed on 3/24/22....

Excerpt: ...‐5252, 1‐669‐216‐1590, 1‐551‐285‐1373 or 1‐646‐828‐7666 • Meeting Number: 161 692 7358 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at ...

Excerpt: ... 1‐551‐ 285‐1373 or 1‐646‐828‐7666 Page 6 of 8 • Meeting Number: 161 692 7358 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.river...

Excerpt: ... or 1‐646‐828‐ 7666 • Meeting Number: 161 692 7358 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/...

Excerpt: ...called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php Tentative Ruling: The Court sustains Defendant's demurrer. The Court notes t...

Excerpt: ...er: 161 782 8254 Please state call in number as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts...

Excerpt: ...er as provided by Courtroom Assistant. Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances...

Excerpt: ... requested by plaintiff and defendants for reason they are not material to determination of issues on demurrer or motion to strike. Factual and procedural background: This is a civil rights action brought by plaintiff Salvador Venegas, an inmate, against defendant County of Riverside and numerous named employees of the Sheriff's Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and the first...

Excerpt: ...ase MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php. Tentative Ruling: Continued to 6/2/2...

Excerpt: ...called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. Please state call in number as provided by Courtroom Assistant. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote ‐appearances.php. Tentative ...

Excerpt: ...alled and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php. Tentative Ruling: Granted in the reduced and reasonable amounts of attorney ...

Excerpt: ...t is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php. Tentative Ruling: Denied. Factual and procedural background: See Tentative Ruling No. 2...

Excerpt: ...een Valley to Swiss Link for distribution to end consumers (sometimes through vendors like Grainger Page 3 of 4 and Sporstman's Warehouse), this again proves nothing, in terms of showing that Green Valley did not supply the can. Green Valley's next body of evidence is the same evidence on which Swiss Link relies‐ Mr. Huffman's phone calls to his customers, his own search of Swiss Link's records, and the lack of a Swiss Link receipt. The only di...

Excerpt: ...51) 285‐1373, or 1 (646) 828‐7666 • Meeting Number: 161 830 3643 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/Pu...

Excerpt: ...INED as to the Miller expert declaration on the ground of speculation; The Court declines to rule on the City's remaining Evidentiary Objections as they are not material to the Court's decision. (CCP § 437c(q).); Page 3 of 3 The motion for summary judgment/adjudication is GRANTED in favor of the City, and against Plaintiff. The Court finds that Plaintiff failed to raise a triable issue of material fact as to City's UMF No. 22, and Plaintiff's PA...

Excerpt: ...on behalf of the general public. The exception applies where (1) the plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member; (2) the action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons; and (3...

Excerpt: ... of Code of Civil Procedure (CCP) section 1010.6 requires 2 days' time for service. Those were not provided. Further, the operative complaint alleges both class and PAGA claims, but the parties have entered into separate settlement agreements about the PAGA claims and the class action claims. This motion asks for approval of the PAGA agreement, only. The court cannot properly approve the PAGA settlement without also knowing the terms of the class...

Excerpt: ... but only for the costs of defending claims related to their work. (Pulte Homes v. CBR Electric, Inc. (2020), 50 Cal. App. 5th 216, 231.) However, this holding expressly applies to the defense costs in the underlying construction defect action. It does not indicate that the costs or contractual fees involved in the enforcement of the indemnity claims or appeal therefrom also must be apportioned. Attorney's fees are presumptively subject to joint ...

Excerpt: ...rt has defined this phrase to include “a party contesting the matter in question.” (Bonander v. Town of Tiburon (2009) 46 Cal.4th 646, 656.) In Citizens Against Forced Annexation Page 4 of 9 v. County of Santa Clara (1984) 153 Cal.App.3d 89, 96, an unincorporated association composed of taxpayers, residents, landowners and/or registered voters in Santa Clara County filed an action challenging the validity of more than 125 annexations of terri...

Excerpt: ...9, 2022 at 9am. CMO, § G(3)(a) (Declaration by Plaintiff's attorney) (i) ‐ Counsel estimates that there are 83 individuals in the class. However, there is no estimate of the number of aggrieved employees employed during the applicable PAGA period. (iv) – Counsel estimates the recovery by the average class member to be $1,816.87 (with the escalator clause), ranging from $30.11 to $7,488.45. (Spivak Dec., ¶ 16.) It is unclear how Counsel arri...

Excerpt: ... agent of the corporation. (Civ. Code, §3294(b).) The court finds that the evidence submitted in support of defendant's motion is insufficient and Life Care has failed to meet its initial burden that the individual employees of the company are not managing agents. (See Davis v. Kiewit Pacific Co. (2013) 220 Cal.App.4th 358, 367‐70 [supporting declarations of purported managing agents were held insufficient and conclusory when they parrot the h...

Excerpt: ...which Defendant is potentially liable. (Palencia Decl., ¶ 17(a)(ix).) There is no explanation regarding the likelihood that any violations would be proven to have been knowing and intentional. Nor does counsel set forth any facts to suggest that the imposition of the total amount of statutory penalties for which Defendant would likely be found liable at trial would be unjust, arbitrary or confiscatory, and there is no explanation as to how the a...

Excerpt: ...sider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.”) The cases cited by Defendant are inapplicable because they predate Le Francois v. Goel, apply to renewed motions (not motions for reconsideration), and/or only generally discuss the court's inherent power to reconsider its prior orders. Even if the court were to consider the merits – there was no applicable ...

Excerpt: ...e has been established to warrant the issuance of a protective order. It should be noted CVWD misstates the court's November 29, 2021 order. The court did not limit discovery to any topics. Rather, the court found that extra‐record evidence was permissible given that the remaining cases between the parties concerned whether CVWD's actions constituted a failure to comply with mandatory, ministerial duties prescribed by the Water Code. 2. CVRI200...

Excerpt: ... it is similar to Southern California Edison Company (SCE), which maintains “private corporate status.” (Automatic Sprinkler Corp. v. So. Cal. Edison (1989) 216 Cal.App.3d 627, 631.) Presuming there is a similarity to SCE, SCG is an IOU subject to legislative control, which “places it in a well‐known, separate category that is not included in the definition of public entity.” (Id. at 632; see also Moreland Investment Co. v. Sup. Ct. (19...

Excerpt: ...fails to cite to any authority that an employee's disclosure of the employer's violations of agency guidelines, procedures and/or protocols are sufficient to allege a claim under Labor Code § 1102.5. Title 8 § 338: Plaintiff concedes that “Title 8 § 338” is a mistake, and that he meant to cite Title 8 § 3380. (Opposition, p. 8.) However, he has not amended his complaint to correct this error. California Labor Code § 142.3: Plaintiff alle...

Excerpt: ...ettled law to require SWC's members to seek additional voter approval for the funding of the SWP and to further limit their authority to levy taxes to circumstances when all other potential revenue sources have been exhausted, without any valid legal authority for seeking such restrictions.” (Mot. p.7:25‐28.) SWC contends the instant action seeks to call into question the holding in Goodman v. County of Riverside (1983) 140 Cal.App.3d 900. In...

Excerpt: ...n claims that his performance was excused based on Plaintiff's breach of its duty to disclose under Sumitomo Bank of Calif. v. Iwasaki (1968) 70 Cal.2d 81, 84, Plaintiff has established that Rubin expressly waived this defense when he executed the Guaranty. (Evid. Packet, Dec.Lavian, ¶ 4, Ex. “C”, Guaranty § 2(h).) The Court previously found that Rubin (and Lander) had raised a triable issue of material fact as to whether Plaintiff owed a d...

Excerpt: ... a wrongful termination claim based on allegations that Defendant retaliated against her for complaining about wage and hour violations. Here, there is no same cause of action as the theories are different. This case deals with the failure to properly pay wages while the other deals with termination. There is no res judicata issues. Defendant then argues exclusive concurrent jurisdiction. For exclusive concurrent jurisdiction, as stated in Plant ...

Excerpt: ... NEMOURS AND COMPANY, THE CHEMOURS COMPANY Tentative Ruling: ANY REQUEST FOR ORAL ARGUMENT SHALL BE HEARD AT 9AM The Motion is GRANTED. Lack of Minimum Contacts Specially Appearing Defendants argue that the Court lacks personal jurisdiction over them. In general, a court may exercise personal jurisdiction over a defendant who is physically present in the forum state when served, who is domiciled in the forum state, who has made a general appearan...

Excerpt: ... action fail to allege that 3M's Corona facility caused Plaintiffs' injuries. Thus, the demurrer primarily turns on whether Plaintiffs have sufficiently alleged causation. “[A]s a general rule, the imposition of liability depends upon a showing by the plaintiff that his or her injuries were caused by the act of the defendant or by an instrumentality under the defendant's control.” (Sindell v. Abbott Laboratories (1980) 26 Cal. 3d 588, 597.) H...

Excerpt: ...ubstantial prejudice to the rights of the parties. (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885; see also Keating v. Office of Thrift Supervision (9th Cir. 1995) 45 F.3d 322, 324.) While the Pacers court spoke generally of how “an objecting party is generally entitled to a stay of discovery in the civil action until disposition of the criminal matter” (Pacers, 163 Cal.App.3d 686, 790), the issue before the court was the depo...

Excerpt: ...t of a uniform under Labor Code § 2802 is a no different wrong than the failure to provide a uniform under Labor Code § 1198/Wage Order 5‐2001. When the employer reimburses an employee for the cost of a uniform, it “provides” the uniform because it is bearing the cost of the uniform. Conversely, when the employer fails to reimburse an employee for the cost of a uniform that the employee provided or purchased, the employer fails to provide...

Excerpt: ...roceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, the court in which such action or proceeding is pe...

Excerpt: ...estion is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.” “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and substantial benefits from certification that render proceeding as a...

Excerpt: ...ettlement agreement must be signed by the parties themselves; an attorney's signature is insufficient. (Levy v. Superior Court (1995) 10 Cal. 4th 578, 586.) The purpose of the statutory signed writing requirement is to provide unequivocal proof of the parties' intent to enter a biding settlement, which cannot be satisfied unless the signature is contained in “a document that was clearly intended by that party to be a binding settlement agreemen...

Excerpt: ...r #1 dated 3/29/19: 1.The motion is not accompanied by a declaration from defendant's attorney that complies with H.3.b of the CMO. 2. There is no declaration from defendant's counsel regarding the proposed cy pres recipient. The court also requires a further declaration from plaintiff's counsel regarding the benefit of using a Sacramento‐based cy pres, as opposed to depositing the uncashed checks with the State Controller in the name of the cl...

Excerpt: ...et its burden that it is an “arm of the Tribe” entitled to tribal immunity. Further MACT has not waived said immunity due to the terms of its contract with Medestar. “Pursuant to tribal immunity principles, an Indian tribe is subject to suit only where Congress has authorized or where the Tribe has waived its immunity by consenting to suit. Absent such authorization or consent, the courts do not have subject matter jurisdiction over suits a...

Excerpt: ...ing Motion Authorizing Sale of Property (Exhibit 11). (Evid. Code § 452(d).) The request for judicial notice is otherwise DENIED. Plaintiff's request for judicial notice is DENIED. The hearing is CONTINUED to 1/5/2022 at 9am to allow Plaintiff to submit supplemental declarations to address the Sumitomo defense and to allow Rubin to file a response thereto. Plaintiff's supplemental documents to be filed by 12/13/21 and Rubin's reply to be filed b...

Excerpt: ... wage claim, which may be derivative of the overtime and break premium claims. Additionally, the declaration provided little information concerning the PAGA claims as required by the CMO. The maximum and reduced PAGA estimates are significantly higher than the amount proposed by the Settlement, yet there is no discussion as to how the amount of the agreed‐upon penalties was calculated or why a greater amount would be unjust, arbitrary, oppressi...

Excerpt: .... The estimated number of aggrieved employees shall be stated as required by section G.3.a.i of the CMO. 2. There is no declaration of counsel's estimate of the recovery by the individual aggrieved employees under the PAGA settlement as required by section G.3.a.v of the CMO. 3. The motion fails to comply with section G.3.i of the CMO because there is no explanation of the factual basis for choosing a cy pres over the court's preference for redis...

Excerpt: ...rst objections are improper because they do not object to evidence but to the separate statement. Division's second objection is OVERRULED. All of the moving parties' objections are OVERRULED. MSJ Defendants argue that based on how many people are employed during harvest and the unpredictable nature of when said work is done, it is impossible to immediately pay employees at the end of harvest. It also argues that without notice, it would be impos...

Excerpt: ...App.3d 292, 300.) The running of the statute must appear “clearly and affirmatively” from the face of the complaint. It is not enough that the complaint might be time‐barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42.) The Right to Repair Act (SB 800) applies to “any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design,...

Excerpt: ...ain English that could be readily understood by caretakers with a high school education and appears to be drafted for attorneys. The Notice continues to include undefined terms that require reference to the Settlement Agreement and legal terms. For example, the Notice uses terms like nonexempt, PAGA, restitution, damages, certify (class certification), enhancement payment without definition or explanation. Although the Notice provides the release...

Excerpt: ...t for judicial notice in Reply are DENIED as to exhibits X‐GG. II. Standard “The fixing or refixing of rates for a public service is legislative, or at least quasi legislative.” (Kahn v. East Bay Mun. Util. Dist. (1974) 41 Cal.App.3d 397, 409.) “In general if an agency acts pursuant to legislative authority, review of the action is by ordinary mandamus” via CCP § 1085. (Shapell Industries, Inc. v. Governing Board (1991) 1 Cal.App.4th 2...

Excerpt: ...osed Order does not include as exhibits the Notice, an Objection Form, and the Request for Exclusion, as required by the H.4.a of the CMO adopted on 11/5/18. 2. There is no Objection Form as required by H.7 of the CMO. 3. Section H.3.c of the CMO requires the value of any uncashed checks, unpaid cash residue, or other unclaimed or abandoned funds to be distributed, preferably to the California Department of Industrial Relations Unpaid Wage Fund. ...

Excerpt: ...ncludes Latin terms, unfamiliar abbreviations and terms of art, such as et seq., PAGA, nonexempt, in propria persona and many others. For example, the Objection Form states, “However, filing a timely objection alone does not preserve your right to appeal a class judgment, the Settlement or attorneys' fees. In order to appeal a class judgment, the Settlement, or attorneys' fees, as a party to the record, a Class Member must either: (1) file a ti...

Excerpt: ...Court of Appeal only determined that the reverse validation statutes applied so the action was time‐barred. For this reason, the appellate opinion ultimately does not have any bearing on the issue presently before this court. The issues in the remaining cases concern ministerial duties and mandatory courses of conduct the CVWD must take. Applying tax revenues to specified purposes is ministerial (see Water Code §11654 & Gov. Code §53724). All...

Excerpt: ...e notice, i.e. wrong settlement administrator and fees, and net settlement amount. The notice attached to the proposed order is incorrect. It identifies Phoenix Class Action Administration Solutions as the administrator, and limits their costs to $7,500. The “releasing parties” (which includes the class) will also release claims as to the other defendant, J and R Hock—who went to arbitration. (Settlement, p. 12, ¶7.3.) Why is J and R Hock ...

Excerpt: ...o later than 10 calendar days before the hearing correcting the following deficiencies: 1. The motion fails to comply with Section H.3.a.iii.A‐D of the CMO because there is no statement of the amount the class could reasonably expect to be awarded at trial, taking into account difficulties of proof, the defendant's defenses, and other attendant risks; 2. The motion fails to comply with Section H.3.a.iv. Paragraph 19 of the declaration of Tulyat...

Excerpt: .... K. Hovnanian, Case No. RIC 1612811. (RJN [demurrer] Exs. “C”, “D”; RJN [motion to strike] Exs. “G” – “I”.) The Demurrer is OVERRULED. Plaintiffs now allege that the original purchaser Plaintiffs were forced to enter into “convoluted, prolix, and nearly impossible to understand 8 part written Purchase and Sale Contracts, and express warranty contracts” with Developer, which “in exchange for payment of money, legally oblig...

Excerpt: ...for each claim, and has not provided any information about the failure to reimburse claim at all. There is little information concerning the PAGA claims, other than concerns about Defendant's debt and financial condition, which are not supported by any evidence. Plaintiff does not explain the nature of the PAGA claims, although presumably they are based on the same violations concerning unpaid wages, meal and rest breaks, wage statement violation...

Excerpt: ...aking into consideration the weight of the evidence and the strength of the defenses; • The motion fails to provide any facts to suggest that the imposition of the total amount of statutory penalties for which Defendant would likely be found liable at trial would be unjust, arbitrary and oppressive, or confiscatory; • The request for attorney fees is not adequately supported – counsel's declaration provides no time records and does not othe...

Excerpt: ...nd DENIED as to the 2nd, 3rd, 5th, 6th, 9th, and 10th causes of action. First cause of action (Failure to Provide Meal Periods): Under the applicable Wage Order an employer is obligated to provide an employee who works more than five hours with a meal period of not less than 30 minutes; “[t]he employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opp...

Excerpt: ...tain the power line and adjacent vegetation. The court held that the potential shortcomings in PG&E's risk management controls and fire mitigation efforts, as well as PG&E's deferring to contractors to properly train their own employees did not support a finding of malice. (Id. at 1171‐1175.) By contrast, in this case, Plaintiff alleges more than mere negligent corporate policy and delegation of training responsibilities to contractors. Plainti...

Excerpt: ...to judgment. (Canal Street, Ltd. v. Sorich (2000) 77 Cal.App.4th 602, 608, Brown & Bryant, Inc. v. Hartford Accident & Indemnity Co. (1994) 24 Cal.App.4th 247, 253‐ 256; Schiro v. Curci (1990) 220 Cal.App.3d 840, 843‐844.) “Once the parties reach an enforceable agreement, ‘the court can assume the matter has indeed been finally disposed. Details of execution may remain, but it is reasonable to assume the matter will not go to trial.'” (...

Excerpt: ...NED. The Court declines to rule on the remaining objections as immaterial. The Motion to Disqualify is DENIED. This motion states it is brought by Rubin, individually, and “in his capacity as the Manager and owner of Glenroy Coachella Holdings, LLC, which is the sole equity owner and Managing Member of his co‐defendant Glenroy Coachella, LLC (Glenroy.) (Motion, p. 3:4‐6.) Importantly, Glenroy Page 4 of 5 Coachella Holdings, LLC (Holdings) i...

Excerpt: ...1 (1 year and 65 days from their last day of employment‐ assuming Munoz worked all the way to 12/31/19). (Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839.) Plaintiffs however, did not file their Complaint until 4/8/21. As such, the PAGA cause of action is untimely. Plaintiffs argue that the recent decision in Johnson v. Maxim Healthcare Services, Inc. (2021) 281 Cal.Rptr.3d 478 (which discussed Kim v. Reins Int'l California, Inc. (20...

Excerpt: ...o Dismiss is GRANTED. (CCP § 583.310, et. seq.) Defendants rely on Judge Riemer's 11/9/18 Minute Order denying a joint motion for preliminary approval of a class action settlement of the coordinated action, which Order also stated: “[I]n light of the age of these cases, the Court (a) vacates any existing stay on discovery except for those concerning purely post‐certification issues, and (b) any existing stay on the prosecution of any of the ...

Excerpt: ...e court declines to stay the PAGA claim. Jarboe v. Hanles Auto Group (2020) 53 Cal.App.5th 539. Defendant has presented evidence that Plaintiff signed multiple arbitration agreements as part of his Application for Employment, a Binding Arbitration Agreement as part of his hire packet and an arbitration agreement in his Compensation Agreement which also contained a class action waiver. (Declaration of Sues Sessor and Exhibits A‐C attached theret...

Excerpt: ...t convoluted. The Notice should simply indicate: A copy of the Amended Joint Stipulation of Class Action Settlement and Release of Claims may be found in the Declaration of Alexander D. Wallin filed on June 18, 2021. Justification for Installment Settlement Payment • The parties make no attempt to address: (1) whether there should be more than one payment to Class Members – that is, whether a payment can be made after the first deposit of $81...

Excerpt: ...ion that it would be difficult to provide said claim at trial. (¶ 53.) This does not respond to the information requested. No calculation for meal times is provided. This information should also be provided. A calculation for rest break is provided, but it is not complete. (¶ 39). Although a calculation for wage statements is also provided, it is limited to one year, however why would this limit the class members from collecting on violations t...

Excerpt: ...offered for the truth and the remaining objections are OVERRULED. The evidentiary objections to the Potter Declaration are OVERRULED. The Court declines to rule on the evidentiary objections to the Miller Declaration. (CCP § 437c(q).) The Motion for Summary Adjudication of the tenth, twelfth and thirteenth causes of action is GRANTED. 10th and 12th Causes of Action: Gov. Code § 66020 establishes the exclusive process under which a developer may...

Excerpt: ... First Cause of Action: The court cannot determine, based upon the allegations of the Complaint, that the noncompetition provision is per se invalid under Bus. & Prof. Code § 16600. IWIA's allegation that it entered into the Settlement in reliance on Defendants' representations is sufficient at the pleading stage. (See Complaint, ¶ 54.) Likewise, IWIA's allegation that it has lost Enrollees and thereby revenue as a result of Defendants' actions...

Excerpt: ...t Shah in connection with bringing the special motion to strike under the anti‐SLAPP statute and the instant motion to recover fees and costs. However, the amount requested by the moving party in the sum of $36,133.80 is reduced to exclude excessive hours billed on attorneys' fees and to more accurately reflect the hourly rates in the prevailing community. As such, Defendant Shah is entitled to fees and costs in the amount of $11.041.50, consis...

Excerpt: ... and Rema, owed Leon a duty to disclose on several different grounds – (1) pursuant to the Hazard Communications Standard and common law; (2) because Defendants alone had knowledge of the toxic nature of their products; (3) because Defendants made representations regarding their products but failed to disclose additional material facts; and (4) because manufacturers who produce toxic materials have a duty to disclose the toxic nature of their p...

Excerpt: ...on of A. Stuart Rubin, paragraphs 29, 30 and 32, are OVERRULED. The court declines to rule on Plaintiff's remaining Objections to Rubin's declaration as well as the declarations of Elliot Lander and Marvin Weiss as they are unnecessary to the disposition of this motion (CCP §437c(q).) The motion for summary adjudication is DENIED on the ground that Defendants have raised a triable issue of material fact as to whether their performance is/was exc...

Excerpt: ...vant to the consolidation of construction defect claims because consolidation would not increase the number of homeowner claims, would not change the fundamental character of the individualized homeowner claims by expanding them to absent members of a plaintiff class and would not increase the number or identity of joined third‐party subcontractors or expert witnesses. While Plaintiffs make compelling arguments, they misconstrue the holdings of...

Excerpt: ... specifically the value of the claims if plaintiff were to prevail completely and the reasonable likely recovery for the claims lacks detail regarding how the amounts were calculated and is vague regarding the reasons for discounting the value of each claim. It is not clear that this named plaintiff is an adequate class representative for the entire class period in light of the break in his employment. Please address this issue in any renewed mot...

Excerpt: ...who no longer have an active account. How many of the class members no longer have an active account? Does defendant have email addresses for class members who no longer have an active account? If not, how will they be notified? Assuming defendant has the means to notify class members who no longer have an active account, will these class members be charged a subscription price to re‐activate account in order to use the Super Swipes? Or should ...

Excerpt: ... necessary and does not accept their assumption that F/ETCA would not have vigorously defended the Settlement Agreement and Protective Agreement. Even if a party meets the criteria for an award of attorney fees under CCP section 1021.5, the court may deny fees as against a litigant “who did nothing to adversely affect the public interest.” (Save Our Heritage Organisation v. City of San Diego (2017) 11 Cal.App.5th 154, 160‐161.) Even assumin...

Excerpt: ...based on plaintiff's failure to timely exhaust his administrative remedies is sustained. Plaintiff argues in his opposition that he is entitled to the application of either equitable tolling or equitable estoppel to extend the time for exhaustion of remedies, but there are no facts pled in the complaint to support those arguments. Plaintiff is granted 20 days' leave to amend. In addition, the demurrer to the first and fifth causes of action for f...

Excerpt: ...s purpose, because it ‘would impose a barrier on such actions that the state law enforcement agency does not fact when it litigates those cases itself.” (See also, Jordan v. NCI Group, Inc. (C.D. Cal., Mar. 22, 2017, No. EDCV161701JVSSPX) 2017 WL 1821122, at *3‐4.) [“[T]o hold a PAGA action cannot be maintained because individual assessments regarding whether a violation occurred would make the claim unmanageable at trial would obliterate...

Excerpt: ...make no mention of that. If parties intend to pursue release of FLSA claim, provide authority that the act of cashing a check is sufficient to conclude that the person opted in, particularly where there is no FLSA claim actually alleged. There is no definition of workweek or qualifying workweek. Does it include partial weeks? Counsel's declaration regarding the value of each claim if successful at trial and the reasonable likely recovery for each...

Excerpt: ...ering sending only a shortform notice to class members and requiring class members to obtain a long‐form notice from the administrator. If the Court is satisfied there is a reason for only sending a short‐form notice, that notice must clearly advise the class members of any dates by which they must act, such as filing an objection or seeking exclusion. The Court doesn't understand why notice to be sent to class members needs to be in English ...

Excerpt: ...nc. (2014) 231 Cal.App.4th 471, 505], the Individual Settlement in the present case is part and parcel to the settlement and abandonment of the PAGA cause of action. Under Lab. Code § 2699(l)(2), the court is required to review and approve any settlement of a PAGA claim. Because Plaintiffs took on a special responsibility by including a representative PAGA cause of action in their respective complaints, they owe a duty to other aggrieved employe...

Excerpt: ...f identifying class members. (Sotelo v. Medianews Group Inc. (2012) 207 Cal.App.4th 639, 648). To establish that a proposed class is ascertainable, the class definition must be precise, objective and presently ascertainable. (Global Minerals & Metals Corp. v. Superior Court (2003) 113 Cal.App.4th 836, 858). “Class certification is properly denied for lack of ascertainability when the proposed definition is overbroad and the plaintiff offers no ...

Excerpt: ...lement Agreement (“SA”), one settlement check is being provided to Plaintiff in the amount of $5,200, which represents “claimed penalties.” (Dec.Rose, Ex. “A”, SA, ¶2.(4).) Plaintiff Page 3 of 3 assessed Labor Code penalties other than PAGA at $0 [wage statement penalties; waiting time penalties], and Plaintiff's other claims seek premium pay, reimbursement, or restitution. So, what specific claims are being settled in the $5,200 che...

Excerpt: ...se (Judicial Council form CM‐200) ON 6/24/20, in violation of H.2 of the CMO. The Notice of Settlement of Entire Case is ordered stricken and the hearing on 4/15/21 vacated. 2. The declaration of Kevin Mahoney fails to comply with H.3a.iii.D of the CMO. 3. The declaration Kevin Mahoney fails to comply with H.3.iv of the CMO by providing an estimate of the high and low range of possible recoveries. 4. The declaration of Kevin Mahoney does not co...

Excerpt: ...he CMO. The court has considered and rejected defendant's request to expand the release to include parent companies and the officers and directors of those companies. Other than speculation that such companies and individuals may be exposed to liability, there is no citation to California authority, or a reference to a factual circumstance in this action, which would hold the parent companies, or its officers and directors, responsible for the La...

Excerpt: ...administrator regarding the administrator's experience; the fee, whether the fee is fixed, hourly, or fixed with a cap; and how the fee was calculated. Abigail Schwartz of Rust Consulting submits a declaration, who indicates that the cost is estimated at $8,743. She does not state whether the fee is fixed, hourly or fixed with a cap. It appears however, to be based on an hourly rate, but it is unclear. ¶H.3.e requires the release to be limited t...

Excerpt: ...s. (Code Civ. Proc., § 1010.6(a)(4).) The notice should have been served no later than 9/29/20, presuming the parties had a valid agreement to serve by email. (Ibid.) Also, the declaration of Christopher Olsen was rejected by the clerk on 10/1/20, and was not filed until 10/15/20. Further, the Proof of Service indicates there was a declaration of Fessenden served with the motion, but no such declaration was filed with the court. Regardless if de...

Excerpt: ...he states the fee “will not exceed” the sum of $8,250.00, which implies that it could be less. Lawrence's attached breakdown of the costs (Exhibit B) also indicates the amount “will not exceed” the sum of $8,250.00, again implying the amount could go down. The various documents identifying the costs—the Notice in particular and the proposed Order—need to identify the fee as either “fixed” (as it appears to be) or that it will not ...

Excerpt: ...h any additional facts in the SAC to support his causes of action. In any event, regardless of whether there are material questions of fact regarding Bayview's alleged violations of Civ. Code §§ 2923.6 and 2923.7, Defendants fall within the safe harbor provision of Civ. Code § 2924.12(c), which provides, in relevant part, that “[a] mortgage servicer [or] mortgagee … shall not be liable for any violation that it has corrected and remedied p...

Excerpt: ...dicial notice of plaintiff's bankruptcy proceedings. While those records show that the trustee abandoned any interest in the real property that is the subject of this proceeding, the bankruptcy records do not show the trustee abandoned any cause of action that arose prior to the plaintiff's filing of bankruptcy. Causes of action are among the legal or equitable interests that are part of the bankruptcy estate. (Turner v. Cook (2004) 362 F.3d 1219...

Excerpt: ...ithholding any documents other than the incident report. As to the incident report, the court sustains defendant's attorney client privilege objection and orders that it is not required to produce said document. As to the specific requests, the Court rules as follows: Denied as to nos. 36, 40, and 41 as Plaintiff fails to demonstrate good cause. Denied as to no. 44 as it is overbroad. For all others, granted in part to require Defendant to provid...

Excerpt: ...rt and before two different judges. The parties need to obtain an order consolidating the two cases or, alternatively, an order allowing Mr. Greene to be added to this case and an order dismissing RIC 1703773. The second amended complaint in this matter discusses freight and prep fees. Mr. Greene's complaint generically discusses undisclosed fees charged. The proposed notice discusses improper freight, dealer preparation, manufacturers installed ...

Excerpt: ...of action. The undisputed facts show that plaintiff was compensated for all time worked while clocked in, which, when combined with the Hospital's relevant policies, gives rise to a presumption that he was compensated for all work. Plaintiff's evidence, although it shows that he worked off‐the‐clock and that defendant could have known that he did so, is insufficient to create a triable issue of fact that defendant actually knew or should have...

Excerpt: ...deficiencies. • CMO, ¶ H(3)(a)(4) –Although counsel indicates that the amount received by individual Class Members will vary, he does not provide an estimate of the range – the high and low – of possible recoveries, as required by this paragraph of the CMO. • CMO, ¶ H(3)(a)(5) – Counsel indicates that the parties engaged in informal discovery and that a Belaire notice was circulated to potential Class Members. This lacks sufficient ...

Excerpt: ...ill be allocated as between plaintiff and counsel), or why the PAGA penalties are being settled for $20,000. If plaintiff is intending to dismiss the class claims, court approval is required and plaintiff has not complied with CMO Section F. Additionally, while the CMO is geared predominantly towards class claims and contemplates a settlement of the class claims along with the PAGA claim rather than dismissal of the class claims, the Court notes ...

Excerpt: ...e police or causing the police to be called were false or reckless statements that did not accord with the facts. Mr. Rivera's credibility was put in issue on several accounts. However, the court finds that the future non‐economic damages award of $250,000 is wholly speculative and the result of passion. It lacks any degree of certainty because we are several years past the incident and Mr. Davis has regained his right to bear a gun and he migh...

Excerpt: ...ng the PAGA claims is also somewhat vague as counsel does not define the PAGA period or number of employees employed during the period. Although Class Counsel indicates that Defendants are unlikely to be able to pay a greater amount, he does not describe Defendants' financial condition. The extent of discovery is also not clear since Counsel does not indicate the size of the sample used to calculate the potential recovery. Amount of the GSA appea...

Excerpt: ... was a Patient Admitting Specialist from April 2018 to December 2018. (Compl. ¶8.) While the parties in both actions worked at the same facility, it is not clear that they had the same general job duties. While Lopez and Montano may potentially be members of the class alleged in Williams at some point, no class has been certified and there is no indication as to when any class may be certified. In fact, Williams was only filed approximately a mo...

Excerpt: ... not initially designated. (Id.) Plaintiff retained Christopher Spandau, P.E., G.E., the Director of HKA with over 40 years' experience in civil, environmental, geotechnical engineering and construction management issues. (Dec.Filicia ¶1.) Plaintiff asserts: Mr. Spandau has agreed to testify and is expected to testify at trial about his observations, field measurements, testing conducted at the Subject Property, and findings during multiple insp...

Excerpt: ...ement of which requires court approval.” As such, this motion appears to a motion for reconsideration or a renewal motion. C.C.P. § 1008(a) and (b). Both such motions require new or different facts, circumstances, or law to support their motion. Id. This requirement has not been met. Additionally, the timing requirement for a motion for reconsideration has not been met. Id. at 1008(a). Furthermore, even if the Court does not see this as a moti...