Excerpt: ...ame time. The court is inclined to approve the settlement once the following changes have been made: 1. The Nazarian declaration states at paragraph 23 that uncashed checks will be sent to the State of California Controller at no additional charge, the Settlement Agreement (Section IV.D.3) still provides for deposit with the State of California Industrial Relations Department. The Settlement Agreement shall be amended to reflect that uncashed che...

Excerpt: ...ubmission of the proposed order, it is reasonably clear that the minute order was not the final ruling on the motion for class certification. Moreover, a notice of entry was not served for either the August 23, 2019 ruling or the October 3, 2019 Order (nor was notice waived). (See Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 203 disapproved on other grounds by Shalant v. Girardi (2011) 51 Cal.4th 1164 [10‐day period in § 1...

Excerpt: ...emental briefing complying with the court's tentative ruling shall be filed no later than five court days prior to the hearing. Plaintiffs shall correct the following: 1. The court is not yet convinced that email service of notice to class members will provide the best method of notice and the most cost effective. The declaration of the administrator does not provide a cost estimate for providing notice to all class members by first class mail, a...

Excerpt: ...ourt has great discretion in granting or denying certification. Under CCP § 382, class actions are authorized when there is a readily ascertainable class and a well‐defined community of interest among class members. (Sav‐on Drug Stores v. Superior Court (2004) 34 Cal.4th 319, 326‐327.) It is a plaintiff's burden to support each of the above factors with a factual showing. (Sotelo v. MediaNews Group, Inc. (2012) 207 Cal.App.4th 639, 647.) T...

Excerpt: ...nt to the maximum recovery to account for all of the potential defenses for a total of $313,168.80. (Id., ¶ 18.) The discussion is wanting with respect to counsel's reasons for the 30% reduction, and there is little to no discussion regarding the defenses and attendant risks. Further, counsel does not indicate the number of class certification orders he and his firm have obtained or the number of trials he and his firm have conducted concerning ...

Excerpt: ...ihood of prevailing on the merits of the wage, meal break, rest break, wage statements and waiting time claims. 2. Counsel does not indicate whether he is aware of any other class actions involving similar claims against Defendant. 3. The Declaration includes a list of the causes of action asserted in the Complaint and FAC. However, counsel does not provide any factual or legal basis for the claims. (Paragraph 5.) He also does not provide any inf...

Excerpt: ...rties other than the named defendant and there is no explanation of facts justifying their inclusion. There is no evidence concerning the likely age, education, experience, and Englishlanguage facility of the class members. The “Background of the Lawsuit” in Section II of the Class Notice should be condensed and simplified to notify the class of the nature of the allegations only. The class notice should include information required in CMO §...

Excerpt: ...ence claims it is or (b) the establishment of such facts by any other means provided by law.” Evidence Code § 1400. While Trust indicates he is Hosopo's custodian of record, he does not indicate where the document at issue came from. He Page 2 of 2 does not state that the document came from Plaintiff's personnel record. He does not state the document came from Hosopo. Plaintiff provides evidence that after demanding his complete employee file ...

Excerpt: ...ve court days prior to the continued hearing date. Page 2 of 3 The Court has identified the following deficiencies in the motion: 1. Plaintiffs have failed to comply with Section H.1.b of the CMO, which requires counsel to set forth the attorney's estimate of the total amount of damages, monetary penalties or other relief that the class would be awarded if the action were successful at trial on all of its claims. 2. Plaintiffs have failed to comp...

Excerpt: ...trike First Amended Cross‐Complaint is GRANTED. Although a court may take judicial notice of the existence of each document in a court file, it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Accordingly, the Court does not take judicial notice of facts asserted in these documents. The Requ...

Excerpt: ...rds him. (Cumming's Deposition, 34:9‐23.) He testifies that he believed the car did this because there was traffic on the eastbound side and the car was trying to get around said traffic. (Id. at 35:2‐9.) Cummings moved into the number 2 lane (from the number 1 lane), but the red car followed him. (Id. at 35:11‐24; 37:1‐25; 38:1‐8.) Cummings then moved back to the number 1 lane. However, he was again followed by the red vehicle. (Id. at...

Excerpt: ...tion 474. Under section 474, for statute of limitations purposes the claims against a defendant added as a Doe defendant relate back to the filing of the original complaint when the identity of the defendant is unknown. The relation‐back provision of section 474 has not been interpreted literally to only apply when the plaintiff is ignorant of the identity of the defendant. Courts have more broadly interpreted the “ignorance” requirement to...

Excerpt: ...iding need for the County to possess the property prior to the issuance of final judgment, and that County will suffer a substantial hardship if the application is denied or limited; and it has shown that the hardship County will suffer if possession is denied or limited outweighs any hardship on the Defendant that would be caused by the granting of the order of possession. Further, the costs of the property renovations and changes argued in the ...

Excerpt: ...Separate Statement only addresses (1) plaintiffs' first cause of action for breach of contract and the nature and amount of the damages suffered, and (2) the issue that defendant had a duty under the policy to pay the losses incurred by plaintiffs. Pursuant to CRC 3.1350, the Court deems those to be the only issues for adjudication. To the extent the motion seeks summary judgment, it is denied based on the procedural deficiency. As to the breach ...

Excerpt: ...ospitalized. (Compl. ¶33.) It then alleges that “[o]n behalf of decedent's estate, the administrator of her estate seeks all damages caused by defendant's negligence ….” (Compl. ¶34.) The Opposition asserts that Diana Garcia is the personal representative but her name is not alleged in the Complaint in this capacity. Nonetheless, the Complaint does allege that this cause of action is being brought by the administrator of the estate. A per...

Excerpt: .... The Title IX investigation had no practical effect until the Regents/UCR acted upon the recommendation in the Final Report. Petitioner's opportunity to challenge the investigation and alleged lack of due process was presented by PPSM‐70. Petitioner identifies no authority that would allow him to forgo exhausting his available administrative remedies and jump directly to a challenge of the underlying investigation. ...

Excerpt: ...th 462, 470.) The court declines to award a multiplier as requested by plaintiff, given the lack of complexity. The court does not rule on the issue of costs since there is presently pending a motion to strike/tax costs on calendar for hearing on September 6, 2018. ...

Excerpt: ...ction. LOLZ Based upon the recorded documents and other documents of which the court may take judicial notice, the Trustee under the DOT is Zieve, Brodnax & Steele (“ZBS”) and not LOLZ. Moreover, ZBS has made an appearance in this action as the Trustee (and has filed a Declaration of Nonmonetary Status). Plaintiff does not address the issue in the opposition and appears to concede that LOLZ has been improperly named. Freedom Mortgage Because ...

Excerpt: ...re OVERRULED; Objection 33 is SUSTAINED. The Motion to Strike the complaint under Code of Civil Procedure section 425.16 filed by defendant is DENIED. The court finds that defendant meets the first prong of the analysis under section 425.16(e)(3)(4) because the statements by defendant were in a public forum regarding a public issue. Plaintiff concedes that defendant meets the first prong of the analysis under section 425.16. Plaintiff meets its b...

Excerpt: ... FACC fails to identify any basis for an award of attorney fees. See Kirby v. Immoos Fire Protection (2012) 53 Cal. 4th 1244, 1248 (in general, a prevailing party may recover attorney's fees only when a statute or contract provides for fee shifting). With respect to the motion to strike the punitive damages allegations and demand, the motion is moot in light of the ruling to sustain the demurrer to Twin Power's ninth cause of action for fraudulen...

Excerpt: ...intly and severally liable for the plaintiff's injury.” Stop Loss Ins. Brokers, Inc. v. Brown & Toland Medical Group (2006) 143 Cal.App.4th 1036, 1040 (emphasis in the original). Here, Twin Power is not alleged to be a joint tortfeasor in the underlying complaint. Indeed, the only claims alleged against Twin Power are the fifth cause of action for intentional interference with prospective economic advantage and the sixth cause of action for enf...

Excerpt: ...istrict's funding. Further, because LAFCO and the District have divergent interests, LAFCO may not adequately represent the District's interests in the litigation. See County of Imperial v. Superior Court (2007) 152 Cal.App.4th 13, 37‐38 (common litigation objective is not enough to establish adequacy of representation where separate public entities may have divergent interests). Moreover, even if intervention were not mandatory, the District m...

Excerpt: ...ntrary to the specific allegations regarding Lowe in the complaint. The battery and false imprisonment that took place all allegedly occurred “while Lowe and ROES 1 through 5 left the team unsupervised, which was in contravention to their duties as they had direct control and supervision responsibilities on behalf of the DISTRICT.” (Complaint, ¶17.) Lowe did not directly take part in the wrongful conduct. As such, he cannot directly be held ...

Excerpt: ... E.1.b to provide an attorney's estimate of the amount the class “could reasonably be expected to be awarded at trial, taking into account the likelihood of prevailing and other attendant risks.” There is also no estimate of the “recovery by the average class member” if the settlement is approved, as required by Section E.1.c, or the estimated high and low range, in the event that recovery varies. There is also no statement in compliance ...

Excerpt: ...ants Michael Labita and Kent Plank were aware of such practices and either approved, condoned, or ratified such conduct by failing to correct the practices after notification in 2011. There is also a triable issue of material fact as to whether sales distributors are independent contractors or employees. (See Undisputed Material Facts Nos. 5, 10, 12, 20, 20, 28, 24, 73, 75, 80, 90, and plaintiff's Additional Undisputed Material Facts Nos. 141‐1...