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